HomeMy WebLinkAboutDocumentation_Regular_Tab 03_7/9/2020Agenda Item #3.
Regular Council
STAFF MEMO �
Meeting: Regular Council -Jul 09 2020
Staff Contact: Jeremy Allen, Village Manager Department: Manager
Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting
the following agreements, proposals, commitments and memorandum of understanding to Council.)
1. CivicPlus Annual Maintenance Agreement -Village Clerk: $5,000.00 Annually. (The CivicPlus
Annual Maintenance Agreement is on file in the Village Clerk's Office. Please contact Lori
McWilliams, 561-768-0445 to view the file). 2. CWA Landscape Architects Design Service Proposal -
Parks &Recreation: $4,000.00 (The CWA Landscape Architects Design Service Proposal is on file in
the Parks &Recreation Department. Please contact Greg Corbitt, 561-768-0473 to view the file). 3.
KW Power Systems Corporation Generator Repair Services Agreement -Utilities: $16,610.50. 4.
Southeastern Printing Quote 34168-Village Clerk: $1,377.00 (The Southeastern Printing Quote is on
file in the Village Clerk's Office. Please contact Lori McWilliams, 561-768-0445 to view the file). 5.
VOT &Johnson Davis Milling &Paving Services Agreement -Utilities: $22)250.00.
Approval of Contracts Signed by Manager Under $25,000 (Per Village Ordinance we are presenting
the following agreements, proposals, commitments and memorandum of understanding to Council.)
1. CivicPlus Annual Maintenance Agreement -Village Clerk: $5,000.00 Annually. (The CivicPlus
Annual Maintenance Agreement is on file in the Village Clerk's Office. Please contact Lori
McWilliams, 561-768-0445 to view the file). 2. CWA Landscape Architects Design Service Proposal -
Parks &Recreation: $4,000.00 (The CWA Landscape Architects Design Service Proposal is on file in
the Parks &Recreation Department. Please contact Greg Corbitt, 561-768-0473 to view the file). 3.
KW Power Systems Corporation Generator Repair Services Agreement -Utilities: $16,610.50. 4.
Southeastern Printing Quote 34168-Village Clerk: $1,377.00 (The Southeastern Printing Quote is on
file in the Village Clerk's Office. Please contact Lori McWilliams, 561-768-0445 to view the file). 5.
VOT &Johnson Davis Milling &Paving Services Agreement -Utilities: $227250-00.
BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT:
Additional Budgetary Information: Funding Source(s):
5 Items each with individual costs
- • • • - • - •
This agenda item is respectfully submitted for your review and approval
KW Power Systems Corp. Generator Repair Services Agreement -Utilities
VOT & Johnson Davis Milling And Paving Services Agreement -Utilities
Page 23 of 191
Agenda Item #3.
Page 24 of 191
Agenda Item #3.
V*111age of Tequesta
345 Tegu+esta Drive
Tequestax FL 33469
M
7
y
r
561-7 68-0700
www.tequesto.org
To: Jeremy Allen —Village Manager
Through: Matthew Hammond — Utilities Director
From: Nate Litteral — Water Plant Superintendent
CC: Lori McWilliams —Village Clerk
Hugh Dunkley— Finance Director
Date: May 22, 2020
Re: RFQ UTIL 05-20 - Repair of Caterpillar 3406 210 Kw Standby Generator Set
Recommendation of Award
On April 9, 2020 a Notice of Solicitation for the repair of a Caterpillar 3406 210 Kw standby
generator set serving the Village Water Treatment Plant (WTP) was posted to the Village website
and Demandstar. Quotes were received from qualified vendors until April 23, 2020 at 5:00 PM.
During this time three quotes were received from Tampa Armature Works; KW Power Systems,
All Power Generators, ranging from $16,610.50 to $29,,874.00. Each quote was reviewed by
Utilities staff for adequacy and the tabulation of quotes is below:
Vendor
Quote
Notes
KW Power Systems Corp
$16,610.50
Includes a new Marelli alternator unit
($14,949.50) and Permanent Magnetic
Generator option ($1,661.00)
All Power Generators Corp
$18,,200.00
Includes a new Stamford alternator unit
Tampa Armature Works Inc
$21,,575.00
Rebuilds of original alternator unit
Pantropic Power
$29,874.00
Rebuilds of original alternator unit
The lowest quote was received from KW Power Systems in the amount of $16,610.50. All of the
vendors who submitted appeared to be qualified and capable of completing the generator repair
services in the time frame required by the Village. Utilities staff recommends awarding the repair
of the Caterpillar 3406 210 Kw standby generator set to KW Power Systems Corp at the price of
$16,610.50 which includes the permanent magnetic generator option. The Fiscal Year 21 Water
Enterprise Fund budget includes $76,500 for this project.
Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D'Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 25 of 191
Agenda
Item P.
VILLAGE OF TEQUESTA
AGREEMENT FOR GENERATOR REPAIR SERVICES
THIS AGREEMENT FOR GENERATOR REPAIR SERV. ICE is entered into and
effective this day of 2020 (the "Effective Date"), by and between the VILLAGE
OF TE Q UE S TA, a Florida 'municipal corporation with offices located at 345 Tequesta Drive
stiTequesta, Florida 33469-0273, organized and exin gin accordance with the laws of the State of
Florida, hereinafter the "viU "• and IOW P
� � POWER S'�STEMS, CORP.,, a Florida corporation
t�
with offices located at 10603 NW 122nd Street, Medley, Florida, 33178 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 sufficienc of which is hereby
Y
acknowledged by both Parties, hereby agree as follows:
L SCOPE- of SERVICES: The Parties hereby agree to enter into this Agreement whereby th
greem y e
Contractor shall provide services for the repair and refurbishment of a Catexpillar 3406 210 Kw
Standby Generator Set with an optional permanent magnet generator ("PMG") upgrapursuant
to all applicable statutory, licensing and Villa code �equiremerrts. The Parties `8;eagme to enter into
this Agreement pursuant to the Nonce of Solicitation and Quotation for RFQ # UTIL 05-20 which
are hereby fully incorporated into this Agreement and attached hereto as Exhibit "A".
2. CQl� NSATION: In consideration for the above Scope of Services and pursuant to the
Quotation in Exhibit "A", the Village shalt the .Contractor a total
. ICY amount not to exceed sixteen
thousand, six hundred ten dollars and fifty cents ($16,610-50). This total amount includes payment
for the provision of all generator repair and refurbishment services as well as the optional PM
P G
upgrade, in accordance with the Quotation found in Exhibit "A."
3. TERM• T— A'TIOM NOThi9 A ment shall befor a term of forty-five (45)
days comment' on* the Effective . Date and shall terrnkmte ' automatically after the teen's
expimflon. J addition, this Agreement may be terminated by either party upon 30 days
written notice to the other ..Notice shall be considered suffi d ' t - . P� c�en when sent by certified mall
or hand delivered to the Parties during regular business hours at the following addresses:
Page 1 of 5
Page 26 of 191
Agenda
Item #3.
Village
Contractor
Village of Tequesta
Kw Power Systems, Corp.
345 Tequesta Drive
10603 NW 122nd Street
Tequesta,l~ L 33469
Medley, FL 33178
Attn: Matthew Hammond
Attn: Daniel DiMura
Utilities Director
Vice President
4. INS CE: The Contractor shall provide proof of workman's compensation in' surance
and liability insurance is such amounts as deemed sufficient- b the he Village and shall name the
Village as an "additional insured" on the liability portion of the insurance policy.
S. INDENW ICATION: The Contractor shall at all tunes indemnify, defend and hold
harmiess the Village, its agents, servants, and employees, from and against any elair n, 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 servic
es
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. a-onPUBLIC E S C ACT: As provided in Sections 287.132-133, Florida
Statutes, by entering into this Agreement or perfotYning any work in furtherance hereof, the
Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perfonn
hereunder, have not .been placed on the convicted vendor list maintained by the State of Florida
Department ofNlanagement Services within thirty-six �36) months iinmediately 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
uadependent 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.
SINSPECTOR GENERAL: Pursuant to Article X11 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 5
Page 27 of 191
Agenda
Item #3.'
the pillage shall fully cooperate with the inspector general in the exercise of the inspector general's
�
functions, authority, and power. The inspector general has the
1� g power to take sworn statements,
require the production of records, and to audit, monitor, investigge and insect the activities of
p
the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent,
nt,
and eradicate fraud, waste, mismanagement, misconduct and abuses.
9. A'TTORNEY'S FEES. In the event a dispute anseS coneernmv this AQmeemert_ the.
prevailing party shall be awarded attorney's fees, including fees on appeal.
10. EQ�CE URR: The Contractor shall not be. considered in default by reason of an
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.
11. 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,
12,.AMENDNMM ANDASSIGNMENTS: This .Agreement, all Exhibits attached
hereto, and required insumnee 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 riot written consent t of the Village.
13. EU--BILJC RECORDS: In accordance with Section 1 i 9.0701, Florida Statutes,. the
Contmctor must keep and. maintain this Agreement and any other records associated therewith and
that are associated with the performance of the work described
l in the Proposal or Bid. Upon
request from the Village's custoduin of public records, the Contractor must provide the Village
with copies of requested words, or allow such records to be inspected or copied, within a
reasonable time in accordance with access and cost requirements of
requ Chapter 119, Florida
StatWes. A, Contractor who fails to provide the public records to the '�' .
P P tllage, or fails to make them
available for inspection or copying, within a reasonable time may ,1 be subject to attorne 's }� fees and
costs pursuant to Section 119.0701, Florida Statutes, and other penalties under Section 119.10
50
Florida Statutes. Further, the Contractor shall ensure that an exempt '
y rapt or confidential records
Page 3 of 5
Page 28 of 191
Agenda
Item #3.
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 Cornxactor does not transfer the records to the Village. Finally,
upon completion of the Agreement,. the Contractor steall transfer, at no cost to the Village, all
public records in possession of the Contractor, or keep and maintain public records required by the
VivaIf 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 moat all
applicable requirements for xetaiaing public records. Records that are stored electronically must
be provided to the Village, upon request from the ViIlage's custodian of public records, in a format
that is compatible with the Village's information technology systems.
IF THE CONTRACTOR As QUESITONS REGARDING THE
APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS 'RELATING
TO THIS CONTRACT, PLEASE. CONTACT THE ViI.,LAGE CL• ERK,
RECORDS CUSTODIAN FOR TAE -VII.LAGE, AT (561) 768-068'59 OR AT
imewilfiamsAteguesta. OR AT 345 TEQUESTA DRIVE, QUESTA4
FLORIDA 33469,
14. -- TGS: The headings contained in this aA►grement are provided for convenience only
andshall not be considered in construing, interpreting or enforcing this Agreement.
I5. S v l LITY: The invalidity or unenforceabiW of any provision of this Agreement shall
not affect the validity or enforceability or any other provision of this Agreement and this
Agreement shah be constued and enforced in all respects as if the invalid or unenforceable
provision is not contained herein.
I6. WAIW : 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 ofany Y act b the Contractor shall not be deemed
to render unnecessary the obtaining of the Village's consent to or approval of an subsequent
g pp Y q
Page 4 of 5
Page 29 of 191
Agenda
Item #3.
consent or approval o� whether or not similar to the act so consented or approved.
17. ENT AGREEMENT: This six(6)e A ment constitutes the '
page enure agreement
between the parties; no modification sham be made to this Agreement ` gree t unless such modification ` �s
in writing, aid to by both parties and attached hereto as are addendum to this Agreement
IN WITNESS S WHEREOF. the parties hereto have executed this Agreement on the date and
year first above written.
WITNESSES: IKV POWER SYSTEMS, CORP.
ATTEST:
Lori McwilliaMS, MMC
Village Cleric
OBy; Pedro Feliciao, P `:reil*W.' , .
�~ oa 40
z lie .0X 's
Ca
s • .. *.
(Co , Se ;
Pool
err 7•* � � rr ��'
VILLAGE of TEQ&90,. Y . �';�•••
By;
Page 5 of 5
(Seal)
Manager -
Page 30 of 191
Agenda)
Item P.
Village
345 Tequesta Drive
Tequeste,o FL 33469
NOTICE OF SOLICITATION
RFQ # UTIL 05-20
S61-768-0700
WWW.taquesla.org
Repair of Caterpillar 3406 210 Kw Standby Generator Set
The Village of Tequesta is seeking Quotes from qualified Generator Service vendor to provide repair services for a
Gater� illar 3406 21 OkW Generator Set- Repairs shall include at a minimum:
Delivery of generator set to repair facility including "' loading and unloading.
• Di2gnose and confirm condition of the alternator end.
• Dismantling of generator set as needed.
Rewind main rotor and stator,
Rewind exciter rotor and stator.
Clean and bake windings
Re -insulate stator where needed
• Install new bearings for rotating assemblies
• Replace main rear al on engine.
• Reassemble generator set as required -
Perform load bank test.
Test and confirm all other power output parameters are in specification
Delivery of repaired generator set to the Viliage WTP,. including loading and unloading.
Quotes are being received beginning April 9I 2020 to April 23, 2020 at 5:00 PM. To submit a quote or for any questions
W
regarding the specifications and Solicitation process please contact Nate Litteral, Water Plant Superintendent, at
nIitte,raI@tequesta.org.
ADA CCESSIBILITY NOTICE: The Village of Tequesta strives to be an inclusive environment. As such-, it is the
Village's Policy to comply wfth the requirements of Title 11 of the -American with Disabilities Act of 199
11 0 ("ADA") by
ensuring that the Contractor's [agreement/bid documents and specifications] are accessible to individuals with
disabilities. To ' comply with the ADA, the Contractor shzill provide a written statement indicating that all [agreement/bid
docuMents and specifications from Contractor, including files, images, graphfcs, text, audio, video, and multimedia,
shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements
of the YVeb Content Acces5ibilfty Guidelines 2.0 (Dec. 111 2008) ("WC AG 2,0 Level AX), ptiblished by the World Wide
Web Qonsortjurn ( IJWW"), Web Accessibility Initiative ( VAI"), available at Mw.w3,o[g/TR/WCAG/.
The Village of Tequesta is exempt from Federal and State Taxes for tangible personal property tax. The Village of
Tequesta reserves the right to accept or reject any or all Proposals, in whole or in part, with or without cause, to waive
any irregularities and or technicalities, and to award the contract on such coverage and terms ft deems will best serve
the interests of the Village,
I
Vice -Mayor )gist! Johnson Mayor Abby Brennar
Council Member Laurie Brandon
Council Member Vince Arena
Council Member Kyle Stone
Village Manager Jeremy Allen
Page 31 of 191
Agenda Item #3.
z
KW
W- �1,2-2 St
- y. .
f ion
uotat-
] a, r ��'� "4 _� ti �•r� ,h r�
-+• • 6e1;e Jamie �- �•� ti : �� -r. -'dt r�� ^t4
Q
�� # ��;.-'` "�� '� y ` # * 1�=+; i:+:' � r s�� a rY �'� � s s. l 4�,,�" � y, ; , ti � a r s - • ",'+� � _ _ w , � _ _ ti- - _ 1„n}.• � J �.r'r r,i _+ �7+y�•. .�Yi� ���"`� ;-a'ti'M�i'+'-! ���"'`1 w`� "°�'-r°�'"i `Y�^4 7"`��_'- � .i r ,4 #'* r►.•1� __
:"�,.'y','. ��•� .� 1. 4 R f�'' f-= '��9"ti' {i"• 'r } ",�►J(,_ ai4 ^ f'� r�'�T JA�*y,iY�ri�
_ .� Cpl ys_ {. ��l' 'i i 1=�1" �• ,.+; r�.'.": � r `�_ Y -f �_�� l•13�_ a�i _ �" ,�. _h. ��.',f [`�a'��-a '"�!m �+T,,; �_ .'ff- d}:..��d
,14FAG��.ciC7�,li�.•.�" _ t4 r ` f ti `}f. _t.Y �.0 :':•� ,t °tea+'.". '�F+s�'i4.1+JGJ��.�,_s,+•a
.f■ y _ 1*. �y���', ,"FI 1 �, ti. �•�. -+� a. � 4"' _�_'Y-*}
�. ,1 •� ;�14� '�. - - -- -- r- - .,y-�Y 1°Y°1 1 �y_d-''�4.'�'' \ '-f_. J'r s/.1 i'�+`**•%��i.ty i„! �Rr•
�1 r. �'Jr^ ,.-1 �;,' - '4,'�+ Y •y_j+ - . � _ _. �1.' 1 r. f'� t. w..' _ 17 L.L�.d. `. �t� � �-+. .a +!:
��f} - �*�i'+ +- - - - - - - - - .`L`f�- � _ r 1 '1'•'' _,=e - �'✓'�: #_� 4-e ��i'�*: , , '�-•'s � J ���"+1� y�y. a+i'MF. •� I[ "-'*',
7 � 4� '* 8�� ��•-�e F4[ �,1�Y{
R)v � � 4
TES - �..
+4
y., . } _
■, ��"�.�"' ,F�'ri�+d�,'" �*,i/F.� +'i'�.a'���#�y��+j+I[ih_���� �{JI�, l�i�s' L e�e:""�#*�wi+ `� �r;�-'_'Y•'�6 �F_�.1" ,_} _^►7�'a' ra4"'".'� '6.' �:a^aaa� —
.T+`�"'ke ��t ��#. „�� "�Il�.�=*ii''+'��'- •��'��t�fi ,#4� `��_R,�'" _ e_1• �, �" F... •1Y re. �p`.�+*i�. �w at J•,, .�.,. .F,��, '�" t'1 ._a Al
rid _s� 1• �]3r�
4+r-�f'a--fai'"� 1'1'-,d^. '#s,dfw'• ;, ` 'Js a •4'rt •, Y.+^' "`�J w"�.}, 'M ."1'1'-rT-.•'�..� F' �'t 'F F'_ i r �•` - + .; 4° #'l,� .F'4 �`- ri_ +t ■+.� tia� -'� r "r'. �r _i'�'1'r �'ri��Yl-- -i_+ a
�i" •d� A - .`r li 1�•� a -gip'♦ ii"f 4F4 M*,*7 •�{.. Y' ■ _ ;�
t, _ � I''I 1''-�'} I' +• i. # �,_ a �_u=�� ■ � ti�=_• !r` �r'r a'7�wf �� �"*� _ ,j_- �� _. d
a,'� #� _•' - - '1' e 1•r *•+ 4 • .4 i,4 FF r _ ciYiJ =_. r - _-fi'1'r r'r-f _ ' y r r.. _�... 4r 'q �• � "�'�� '.i i_ + - �14rt 1 aa e`y ���*+ 4F FFd`r r�4 fg4 drra 1 /^ d,• _ ■'* � 11 ��f�- ___,� w�■ i V •�` 74� F. t'1T i 1C' f l'!'+ i�`4 P,4 � *ir r ti't I 1 '1' * _ iJ'J �' f. ■ fJ't 17°1 �`, �� V�rr�� _� .`� tY��� .
'�J•-r .-��•'s4�'+T +'� ON'
��.�SrJ: "f'4.J#,e.�^,�1•';q, 1
! t Tr +r•r IFYC^r76'�I:7'1 .f �rJ 1="■R41J V�•19.a r ��yr +,�.•
1 r hJ4 4 Th' 014
.I UMC� E A-CU F .fir WW �ERkT 1� ° N
+�_r1� ���Y3L-.�•i3� 4�`����..�JY��yf`'IJ^4's
F
koTq',
••1 ' }" *" 5�, 1 •• i. , l " Y' �F 0 1 JF I E- ri {.• CAT E. 'Z V° �110 MAT E i • # -ram del
k d+1��L�1-1�yJY�
S �, T ial �1 V 1 - "•*' + t n' _w`Yv t� .1, ., i.
RjA,�a r l"Isny14"Lkr,1I�!41k1P. I �j7'4R�Fc� r�r1',4-AP 1�'�+�i' t "�5r1 r R1 T`
;'l""'�/r•'r#+!#'L,sad�#�'a r7'�Yy I+IIt IT"174•ILY in Lir,L!''I 11 •,' ''��r �ti i Y L w* t LDS
�`- i !!! Y 4 r ■ F -
" 4 #,.� Lllpt� `' $; + i Rl11#a 1'l LTlill.°� ,1 U� trt:�s 1 _1and DL l�I�a5J1 fl13[ �' i`1LTe kL .:t ♦la � � :��Ir�1 11H " t}G 'L ' :aZ t - ti . � �" =. aa� F - - � Li t4&#
f '•! _ .�'ie� � � •. r`•d a -.'tom
"4 tot wIll bi cb�'� �`N d I[l�1`� fI'�11AR JIi�81"�`�Ak
� f ` "tip-•'' -fr-Jr ;� r * e`a�i , _:�_� � -
gMbkws L4141 Tnily c c Mvwe i O-' M has un:
r u e i4 "C�tk' f C � + r ;�� ,
//��11r •�1 y�� ��r�''^ Y..�y Y`y7� yy..� .�YJ�� ,fir. [�JJ,,� �� r�'r' i}.i}. y ,+�"y �-' sM�Y r
�.�,1� ,�I�IFI�f.I� ��RfyidY##'YM4�#L.� e� �.�,�•GT1 � �'d a •���i�#� 1f�33 '1"f1" fLf�if®i �' r � ! -
r 'JW
F�..! .rt •i".Y 1 l -''! i . -# ' `Y� e..J
, e
.. ,wl'� �''t,.+p� -•',:_} y" r. '�''.. '.�k °; 1.L „f1,Y' ,�.4'r• •��i'J'1 a�,�rgr''d.' .. { = a .;/� _ L".e r _ •!r°, .w �:y ,1�.�., 'Y ,f` .* ✓
erf. r't p 1 - I P�J° � 1, � ' �.. .r e•��+5.1 .T. ► _ '�} r�T,aV". ��'L .�.�� �!'�.i.'� of 'Trr':f1:4'P 4f. ,+:.7� 9 !,�! � f ��:1 ►„� •;r'y;'i�„ #+ J1d
N,o-, ,4 + J, ,f +.., r Y°1.11Y fr- r'°.F 5+"...,,,:6+ i.' �-_ 1•""�.r.■ , �-� i 1`Y, 'Ir'LI}� .}YI"' - R,f1;4 i�`f YS'J.k ,t +✓ .�.�+;i°jr +.
.'fJf..",,af `s. J .�- °r 1.°.I °1""� .7T '�a. ��� w '�� �'. *L" s�:t�"_.f"J°r.r •. F� ,�:dr�,:' :�,� i y�'7.. '7 �.� I �,�,. iy
�.'� J• �.]..+' ys !�'_ 'R. ! .1 �L�- r• °�kl' '4 d; 1�' -, --t r' '�sr k x',*.�«� g1+IT3.,. � ti'. °Y {•F '_.�.x:•,,� .� �
���•�'�.- " a' ��� •�' •�.'1- :�?'e..Ir- �d.��.}. !. T.�•;�� �;:til1��;��+=�r� k�� s,rt r '�' L'�'�srY,�;p'N�:d1.�1. Y' rr�-.°'�'];:�" -e+ i',ti
. ,F_ 1=�'- - - - �{ '�Y s'rk - 1 .�_ T�:� ".'+��.1 d°';�. ;_ ��•1- �Z�.�L±f +°��'�ry�.yM`r .�,e eL .•„ d ..,I*r.prd '• e�j ;.��'ye. ,:ram.
°�.-,-,-. •-- -°- �' �+,+�.e".�, .,,.,., ,_ °,y1�} _.� _�.�•S': " v�-.� Fk,Y",Lrle '�. °�, F J,Y[� � '� 'i "{14�` _ ; 1� ��5
', «Je e� �:J °.r r1 �7�1d'._ 1' 1'J'•a1+,l2.TLLI:' `*1.1 fT4w`,.1•.�. �,.-.� �.-,��_ ae"�e�.� d _ }*F'�. �I _-f 1_�f:F� F s }''fYL
,}+�Y,]��j ...fy 'F�}YJ({►,� � y 1�,�1 jr'��a eel/ 1j.I�� iY f
"`LSF•Y ;' V 3 5-4.1 !4 we+ # - . 'k 1 �Td1R '._V•`�5 �
a
.r P. ae32of 191
Agenda Item #3.
PUBLIC RECORDS. In accordance with Sec. 119.07011 Florida Statutes, 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,. 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. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in the Proposal
or Bid 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, 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS
CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT
Imcwilliams@tequesta.OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA
33469.
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.
Page 33 of 191
Agenda Item #3.
"The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy
to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA")
by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible
to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written
statement indicating that all [ agreement /bid documents and specifications], from Contractor,
including files, images, graphics, text, audio, video, and multimedia, shall be provided inaformat
that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the
Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by
the World Wide Web Consortium ("WK"), Web Accessibility Initiative CUM'), available at
www.w3.org/TR/WCAG/."
Page 34 of 191
Agenda Item #3.
V*111age of Tequesta
345 Tegu+esta Drive 561-7 68-0700
Teguestax FL 33469 - www.tequesto.org
M
7
9
Y
To: Jeremy Allen —Village Manager
Through: Matthew Hammond — Utilities Director
From: David Tinoco — Distribution Superintendent
CC: Hugh Dunkley— Finance Director
Date: May 27, 2020
Re: Asphalt Milling & Resurfacing Related to Concentrate Disposal Pipe Break
Recommendation of Award
On February 4, 2020 the Village's concentrate disposal pipe was broken by a directional drilling
contractor installing communication lines near the intersection of US1 and Bridge Road. To
complete the work required by the FDOT permit for the repair the adjacent asphalt pavement on
US1 is required to be milled and resurfaced. Quotes were received from the following qualified
contractors: Hinterland Group, Johnson -Davis and Wynn & Sons ranging from $22,250.00 to
$22,877.50. Each quote was reviewed by Utilities staff for adequacy and the tabulation of quotes
is below:
Vendor
Quote
Hinterland Group
$22,800.00
Johnson -Davis
$22,250.00
Wynn &Sons
$22,877.50
The lowest quote was received from Johnson -Davis, Inc. in the amount of $22,250.00. All of the
vendors who submitted appeared to be qualified and capable of completing the asphalt milling
and resurfacing work in the time frame required by the Village. As a result, Utilities staff
recommends awarding the US1 asphalt milling and resurfacing work related to the related to
concentrate disposal pipe break to Johnson -Davis, Inc. for $22,250.00. You will find one partially
executed copy of the Agreement for Milling and Paving Services with Johnson -Davis, Inc. attached
for your signature.
Note: This work will be submitted for reimbursement by the contractor who caused the damage.
Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Laurie Brandon
Council Member Frank D'Ambra Council Member Bruce Prince
Village Manager Jeremy Allen
Page 35 of 191
Agenda Item #3.
VILLAGE OF TEQUESTA
AGREEMENT FOR MILLING AND PAVING SERVICES
THIS AGREEMENT FOR UTILITY REPAIR SERVICES is entered into and
effective this day of , 2020 (the Effective Date) 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 milling and paving services pursuant to all applicable statutory, licensing
and Village code requirements. The Parties agree to enter into this Agreement pursuant to the VOT
DOT Required Milling and Paving Proposal, which is hereby fully incorporated into this
Agreement and attached hereto as Exhibit "A".
2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be
pursuant to the prices provided in the VOT DOT Required Milling and Paving Proposal found in
Exhibit "A". Payment shall be upon final completion of the Scope of Services and acceptance of
same by the Village.
3. TERM: This Agreement shall be for a term of sixty (60) days commencing on the Effective
Date, within which the Contractor shall reach final completion of the entire Scope of Services.
4. NOTICE: Notice for purposes of 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:
Page 1 of 7
Page 36 of 191
Agenda Item #3.
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
5. 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.
6. 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.
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
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.
8. 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.
9. 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 7
Page 37 of 191
Agenda Item #3.
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.
10. 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.
11. 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
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
Page 3 of 7
Page 38 of 191
Agenda Item #3.
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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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
Page 4 of 7
Page 39 of 191
Agenda Item #3.
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(a,tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for convenience only
and shall not be considered in construing, interpreting or enforcing this Agreement.
18. 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.
Page 5 of 7
Page 40 of 191
Agenda Item #3.
19. 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.
20. 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.
IN WITNESS WHEREOF, 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: Jeremy Allen, Village Manager
(Seal)
Page 6 of 7
Page 41 of 191
Agenda Item #3.
EXHIBIT Ais available from the Utilities Department
upon request.
Page 7 of 7
Page 42 of 191