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HomeMy WebLinkAboutAgreement_General_8/13/2020_Duval FordVILLAGE OF TEQUESTA AGREEMENT FOR PURCHASE OF TRAILER -MOUNTED VALVE AND HYDRANT EXERCISER THIS AGREEMENT FOR PURCHASE OF TRAILER -MOUNTED VALVE AND HYDRANT EXERCISER is entered into and effective this i3 day of ' by and between the VILLAGE OF T E Q U E S TA, 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 DUVAL FORD, LLC a Florida limited liability company with offices located at 1725 Memorial Park Drive, Jacksonville, Florida 32204, 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 for the purchase of one (1) trailer -mounted, diesel -engine WACHS Standard LX — VMT (RH) valve and hydrant exerciser with additions including shipping, pursuant to all applicable statutory, licensing and Village code requirements. The Parties agree to enter into this Agreement pursuant to the Village's Notice of Solicitation for RFQ # UTIL 07-20, 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 Contractor's quote, which is fully incorporated into this Agreement and attached hereto as Exhibit "B". In consideration for the above Scope of Services and pursuant to Exhibit "B", the Village shall pay the Contractor a total amount not to exceed seventy-two thousand, seven hundred sixty-five dollars ($72,765.00). 3. TERM; TERMINATION; NOTICE: This Agreement shall commence on the Effective Date, and may be terminated by 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: Page 1 of 6 Village Contractor Village of Tequesta Duval Ford, LLC 345 Tequesta Drive 1725 Memorial Park Drive Tequesta, FL 33469 Jacksonville, FL 32204 Attn: Matthew Hammond Attn: Joanne A. Ackman Utilities Director Registered Agent 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 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 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 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 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 APPLICATION OF CHAPTER 1199 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 it teguesta.orLy, 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 I N W I T N E S S W H E R E O F, the parties hereto have executed this Agreement on the date and year first above %ritten. WITNESSES: DUVAI. D,LLC Bv.- La rbett, Contract epresent-at ive (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: y: Abi it Bre , N a%or "'.. p7 ,),•, Lori McWilliams MMC G: ........ Q Village Clerk �0 �T *el SEAL D" ': INCORPORATED: 4 Page 6 of 6 EXHIBIT A Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 NOTICE OF SOLICITATION RFQ # UTIL 07-20 561-768-0700 www.tequesta.org Purchase of Trailer -Mounted Valve and Hydrant Exerciser The Village of Tequesta is seeking Quotes from qualified vendor to purchase a trailer -mounted valve and hydrant exerciser. The unit shall include at a minimum: • Trailer mounted valve and hydrant exerciser with extended reach • Gas and Diesel engine options • 250-300 gallons tank with power hydraulic tilt and door • Suction system with necessary tools to soft dig and clean valve boxes • High pressure water system with necessary tools to soft dig and clean valve boxes • 50 to 100 gallons water tank (largest preferred) • Set torque limits • Built in over -torque prevention to prevent damage to valves and hydrants • All necessary tools, adapters and hoses to perform the desired functions The following optional features shall be priced separately: • GPS Equipment • Hydraulic breaker for concrete and asphalt cutting • Hydraulic Dewatering Pump • Magnetic lifter for removal of valve box cover • Valve nut replacement tools and parts Quotes are being received beginning June 1, 2020 to June 12, 2020 at 5:00 PM. To submit a quote or for any questions regarding the specifications and Solicitation process please contact David Tinoco, Distribution Superintendent, at dtinoco aC)tequesta.org. ADA ACCESSIBILITY NOTICE: 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 in a format 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 ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.ora/TRMCAG/. 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 it deems will best serve the interests of the Village. Vice -Mayor Kyle Stone Mayor Abby Brennan Council Member Frank D'Ambra Village Manager Jeremy Allen Council Member Laurie Brandon Council Member Bruce Prince EXHIBIT B VILLAGE OF TEQUESTA • s112/2 VILLAGE OF TEQUESTA Duval Fleet Sales DAVID TINOCO Laura Torbett S61-262=4335 I,Work)904-388-2144 dtinoco@tecuesta.org l,Fax) 904-387-6816 �Ce11� 904-568-6027 5203 W aterside Dr Jax, F132210 W e appreciate your interest and the opportunity to quote. Pricing per FLOR\DA SHERIFFS ASSOCIATION LIGHT VEHICLE CONTRACT FSA19-VEL27 Heavy Equipment and Trucks FSA19-VEH 17. \f you have any questions regarding this quote please ca1H Note, Vehicle will be ordered white exterior unless specified on purchase order. Shipping and Invoicing instructions are required on agency purchase order. Standard LX (Diesel) - VMT (RH): Single turner valve maintenance trailer; includes Wachs 760 Ft/lb (1020 Nm) $ Extended Reach Valve operator, telescoping valve key and Wachs ruggedized HC -100 with GPS controller/data logger. A Tier 4F compliant, Kubota 1.1 L, 1-3 4-stroke, liquid cooled, IDI diesel engine provides ample power for all contained functions, including an auxiliary HTMA Class II circuit; 10 gallon (38 L) reservoir, fan cooled heat exchanger, continuous duty rated for 8 GPM (30.3 LPM) @ 1,800 PSI (125 bar). A positive displacement blower provides 500 CFM (14.2 cmm)-11" (280mm) Hg vacuum, with spoils containment provided by a 250 (950 L) gallon tank with power hydraulic dump (rear discharge) and latching rear door. Also driven from the common power train is a 2.5 gpm (9.5 LPM) @ 3000 PSI (210 bar) pressure washer system with 3 gallon 11.4 L) anti -freeze tank and 95 gallon (360 L) water tank. Includes 2-1/2" (63.5mm), 1-1/4" (31.75mm) & 7/8" (22mm) suction wands and one each short and long wash -down guns. The LX package bundles the light bar with arrow board, 45' (14 M) auxiliary hydraulic hose reel for operation of hydraulic power tools, Bluetooth tethering module (installed in ERV-750) for wireless communication between the exerciser and Controller/Data Logger an 24" (61 cm) X 18" (46cm) x 18" (46cm) aluminum job box. • WACHS $ 76,875.00 CREDIT PROVIDE TRAILER MENTIONED ABOVE IN LIEU OF SKID PER FSA $ (4,110.00) VENDOR COMMENTS 111 • • i0 TRAILER (DIESEL) TEQUESTA WACHS LT.xlsx