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HomeMy WebLinkAboutDocumentation_Regular_Tab 23_3/11/2021Agenda Item #23. Regular Council STAFF MEMO Meeting: Regular Council -Mar 11 2021 Staff Contact: Doug Chambers, Director of Public Department: Public Works Works Approve the Tequesta Bridge Sidewalk Replacement Project Tequesta Bridge Sidewalk Replacement Project Please review for approval the Tequesta Bridge Sidewalk Replacement Project. Agreement General 2 11 2021 Wynn (1) PBC AWARD LETTER AND RANKING DOC Feb 2021 Tequesta Bridge Sidewalk Replacement Comp Analysis pdf Tequesta Bridge Sidewalk Replacement Capital Project Page 172 of 184 Agenda Item #23. VILLAGE OF TEQUESTA AGREEMENT FOR ANNUAL PATHWAY AND MINOR CONSTRUCTION SERVICES THIS AGREEMENT FOR ANNUAL PATHWAY AND MINO� ftbruc�.yA%.00NSTRUCTION SERVICES is entered into and effective this day of4a*ua-P�4,02 1, Y by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, organized and existing in accordance with Z:� the laws of the State of Florida, hereinafter "the Village"; and WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO. INC., a Florida corporation with offices located at 7268 Belvedere Road, West Palm Beach, Florida 33411, 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 Annual Pathway and Minor Construction Services Agreement, whereby the Contractor shall provide annual services including, but not limited to, construction and/or resurfacing of pathways, construction of parking areas, speed humps, traffic separators, miscellaneous concrete works (inlets, manholes, curbing, etc.) and other minor construction projects, to the Village on an as - needed, task Work Order basis. The Parties agree to enter into this Agreement and piggyback for the provision of Annual Pathway and Minor Construction Services at the unit prices described in the Palm Beach County Pathway and Minor Annual Contract ("Palm Beach County Contract"), also designated as Project/Bid No. 2020055. 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 Palm Beach County Contract and amendments,, as provided by the Contractor's letter dated December 18, 2020, 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 within the Palm Beach County Contract's Bid Tabulation Chart&-. attached hereto aq Exhibit "C". The Parties hereby agree to the Village's Page I of 7 Page 173 of 184 Agenda Item #23. purchase of supplies and/or services in greater or lesser amounts than those estimated in the Palm Beach County Contract, as also referenced within the Bid Tabulation Charts in Exhibit "C". In consideration for the above Scope of Services, the Village shall pay the Contractor a total amount not to exceed nine million, five hundred and sixty-three thousand, two hundred and twenty-five dollars ($9,563,225.00). 3. TERM; TERMINATION; NOTICE: Pursuant to the Palm Beach County Contract, the original contract term, and this Agreement, will expire on November 16, 2023. This Agreement may be terminated for convenience by either party upon 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 Wynn & Sons Environmental 345 Tequesta Drive Construction Co., Inc. Tequesta, FL 33469 7268 Belvedere Road Attn: Doug Chambers, West Palm Beach FL 33411 Public Works Director Attn-. Daniel P. Wynn!, President 4. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in Exhibit "A" and shall name the Village as an "additional insured," on the liability portion of the insurance policy. 5. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature,, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes. G. 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 Page 2 of 7 Page 174 of 184 Agenda Item #23. 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 agrees 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. S. INSPECTOR GENERAL- Pursuant to Sections 2-421-2-432 of the Palm Beach a County Code of Ordinances, 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. E-VERIFY ELIGIBILITY: The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of all newly hired workers; and (2) verify that all of the Contractor's subconsultants performing the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify the employment eligibility of all newly hired workers. The Contractor shall obtain from each of its subconsultants an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an Unauthorized Alien, as that term is defined in Section 448.095(l)(k), Florida Statutes, as may be amended. The Contractor shall maintain a copy of any such affidavit from a subconsultant for, at a minimum, the duration of the subcontract and any extension thereof. This provision shall not supersede any provision of this Agreement which requires a longer retention period. The Village shall terminate this Agreement if it has a good faith belief that the Contractor has knowingly violated Section 449.09(1), Florida Statutes, as may be amended. If the Contractor has a good faith belief that the Page 3 of 7 Page 175 of 184 Agenda Item #23. Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify the Contractor to terminate its contract with the subconsultant and the Contractor shall immediately terminate its contract with the SUbconSUltant. In the event of such contract termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 10. SCRUTINIZED COMPANIES: For Contracts under SIM, 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 $I K 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. 110 'ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 12. EORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure M* 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 4 of 7 Page 176 of 184 Agenda Item #23. 13. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 14. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both parties; no modifications shall be made to this Agreement unless in writing, agreed to by both parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 15, PUBLIC RECORDS: In accordance with Section 119.070 1. 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 Scope of Services. 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 119.070 1, 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 performance of the work described in Scope of Services 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. Page 5 of 7 Page 177 of 184 Agenda Item #23. I F THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-06859 OR AT Imewilliams L&,,teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA5 FLORIDA 33469, 160 'HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 17. SEVERABILITYO The invalidity or unenforceability of any provision of this I i. 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. 180 '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 Villacre's consent to Z:� or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 190 ENTIRE AGREEMENT: This seven (7) page Agreement, including any Exhibits,, 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 6 of 7 Page 178 of 184 Agenda Item #23. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ATTEST: WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO., INC* 01 By: Daniel P. Wynj.,)Pifdent (Corporate Seal) VILLAGE OF TEQUESTA N By: AM ail Brennan, Mayor 0 F T�or�flee�rr� jr jC7 0 ail StA)L 1, INCORPORATED: Lori McWilliams, MMC V'0 4 Acj ........ .. Village Clerk OF F fit 11111f ?fill I I 14101j0% Page 7 of 7 Page 179 of 184 Agenda Item #23. Ex. C - WYNN & SONS ENVIRONMENTAL CONSTRUCTION CO. INC 7268 BELVEDERE RD. WEST PALM BEACH, FL 33411 561-686-6077 561-686-2433 FAX 12/18/20 The Village of Tequesta Subject: piggyback contract Authorization To whom it may concern: Wynn & Sons Inc is pleased to allow the Village of Tequesta to piggyback our Annual Contract for Pathway & minor construction 2020-055. Please feel free to call me anytime at 561-797-9452. Agenda Item #23. Office of Equal Business Opportuirtity 50 South Military -ftail, Suite 202 West Mrn Beach, FL 53415 (561) 616-6840 www.pbcgov.com1oebo PALM SMH COUNTY OE 0 O"M of EQUAK "O"Wrl ftim Beach County Bo" of County Commissioners Dave.Kemer, Mayor Robert S. Weintoth, Vice Mayor Hal R. Valeche Gregg K. Weiss Mary Lou Berger Melissa McWnlay Mack Bernard County AdmftAstmtor VeTdenia C. Baker 'An R~1 chow wop-ru"Oems Affirmanve Actwn Employer" OfficW Electronic Letterhead ALVATIos Low Bidder: Wynn & Sons Environmental Construction Co. is responsive to the API of 15% minimum mandatory SBE participation, 2nd Low pier. All Paving, Inc. is responsive to the API of 15% minimum mandatory SBE participation. 3rd Bidder: West Construction is responsive to the API of 15% minimum mandatory SBE participation. 41 Bidder: Community Asphalt is responsive to the API of 15% minimum mandatory SBE participation. However, they did not submit a schedule 2 for all of their subcontractors. The Letter of Intent indicates that ALL subcontractor must complete and it must be submitted with the bid/proposal. Page 181 of 184 Agenda Item #23. Village 345 Tequesta Drive Tequesta, FL 33469 of Tequesta `v G �► a � Tequesta Public Works Department Memorandum To: Jeremy Allen, Village Manager From: Douglas M. Chambers, Director Public Works Subject: Tequesta Bridge Sidewalk Replacement Date: February 24, 2021 561-768-0700 www.tequesta.org This Agenda item references replacing approximately 285 cubic yards of Concrete sidewalk on the Northwest and Northeast side of The Tequesta Bridge. The original concrete was not reinforced with steel and cracks have developed in the sidewalk causing trip and fall hazards. Kimley Horn and Associates have provided plans to replace the sidewalk with reinforced concrete. The Village Council approved a contract for Pathway and Minor Construction Services with Wynn and Sons Construction in February 2021. Wynn and Sons Construction have provided a proposal based on engineered drawings and contract rates in the amount of $73,,095.00. Funding for this project was approved by the Village Council in Fiscal Year 2021. Funds are available in Capital Account 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 182 of 184 Agenda Item #23. 301-315-653.605. It is my recommendation to the Village Council to approve this request for the replacement of the damaged sidewalk. Douglas Chambers Director Department of Public Works Page 183 of 184 Agenda Item #23. Project Name: Department, Location: CAPITAL IMPROVEMENT PROJECT DETAIL Sidewalk Rehabilitation Public Works Tequiesta Bridge The Bridge designed in 2009 with 6'.5" wide concrete sidewalk along the bird approach has settled and cracked. The original concrete was not reinenforced with steel. The sidewalk is separated by concrete barriers. The cracks have manifested on the north east and west approaches. Field measurements and observations were taken by Kimley Horn Engineering. Construction plans were prepared for rehabilitation of the sidewalks. the decorative railings will be disassemble and re- assemble with new anchoring bolts. During construction the railings will be stored at the base of the bridge. 285 SY of damaged concrete will be removed. 60 CY of concrete will be poured with reinenforcing steel. PROJECT# PW 002 1 Project Manager: Doug Chambers Original Plan Date: 11/01/21 I - oil igm;11111H D =0 I FYI 9 PROJECT COSTS: 77 FY23 FY24 TOTAL FY20 FY21 FY22 I Land/Easement Acquisition Engineering & Planning 8,100 8,100 Construction 65,920 65,920 Equipment TOTAL PROJECT COSTS 8,100 65,920 74,020 SOURCES OF FUNDS: FY1 9 FY20 FY21 FY22 FY23 FY24 TOTAL General Fund - (001) 210-510.302 Eng 8,100 8,100 General Fund- (001) 210-546,305 Path - General Fund- (001) 210-546.350 Roads - Capt Fund (301) 663.657 Roadway Capt.Fund (301) 663.652 Sidewalk/Path 1 65,920 1 1 1- 1 65,920 TOTAL PROJECT REVENUE 8,100 65,920 74,020 OPERATIONAL IMPACT Note: No additional operating costs are expected as a result of this project. OPERATIONAL IMPACT FY1 9 FY20 FY21 FY22 FY23 FY24 TOTAL Additional Revenues Charges for Services Other Revenues Less Additional Expenditures New Personnel Maintenance and Other Operating Contracts & Leases Non Operating (Debt Service) NET ANNUAL IMPACT ON OPERATIONS OPERATING FUNDING SOURCES FY1 9 FY20 FY21 FY22 FY23 FY24 TOTAL TOTAL OPERATING FUNDING Page 184 of 184