HomeMy WebLinkAboutDocumentation_Regular_Tab 21_5/13/2021Agenda Item #21 0
Regular Council
STAFF MEMO
Meeting: Regular Council - May 13 2021
Staff Contact: Doug Chambers, Director of
Public Works
Department: Public Works
Approve Country Club Drive Sidewalk Replacement Phase II Project
Country Club Drive Sidewalk Replacement Phase 11
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Please review for approval the Country Club Sidewalk Replacement Phase II
Agreement _General _2 11_2021_Wynn (1)
2021.04.20-VOT CC DR PH 2-100% SUBMITTAL
Est 4653 from WYNN SONS ENVIRONMENTAL CONSTRUCTION CO. INC. 5156
APRIL 2021 COUNTRY CLUB DRIVE SIDEWALK IMPROVEMENTS PHASE II
Page 449 of 496
Agenda Item #21.
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
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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
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Page 450 of 496
Agenda Item #21.
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
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Page 451 of 496
Agenda Item #21.
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
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Page 452 of 496
Agenda Item #21.
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 453 of 496
Agenda Item #21.
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 454 of 496
Agenda Item #21.
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
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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 455 of 496
Agenda Item #21.
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 456 of 496
Agenda Item #21.
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.
Page 457 of 496
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Agenda Item #21.
WYNN &SONS ENVIRONMENTAL CONSTRUCTION CO. INC.
WEST PALM BEACH, FL. 33411
Village of Tequesta
Estimate
Date Estimate #
4/23/2021 4653
Project
Item
Description
Qty
Rate
Total
9-005
REMOVE EXISTING ASPHALT (FULL DEPTH) (SEE NOTES) PER
51156
0.75
3,867.00
Sy
9-006
REGULAR EXCAVATION PER CY
115
4.50
517.50
9-010
FINISH GRADING PER SY
11719
2.00
3,438.00
9-122
CONCRETE SIDEWALK (4" THICK)- 50 SY OR GREATER PER SY
1)719
36.00
61)884.00
9-125
CONCRETE SIDEWALK (6" THICK) (DRIVEWAY) 35 SY OR
224
45.00
1000.00
GREATER PER SY
9-126
CONCRETE SIDEWALK (6" THICK) (CURB RAMPS) PER SY
3
45.00
135.00
9-127
CAST- IN- PLACE AND/OR SURFACE APPLIED TACTILE
63
17.00
11071.00
SURFACE PER SF
9-034
REMOVE PAVER BRICK PER SY
100
10.00
1)000.00
9-035
RESET PAVER BRICK PER SY
100
35.00
3, 500.00
9-152
ROOT PRUNING (0"-36" DEEP) PER LF
227
10.00
2)270.00
9-143
SODDING (TO MATCH EXISTING) PER SY
2A0
4.90
11 ,760.00
4 DRIVE APRONS
9-125
CONCRETE SIDEWALK (6" THICK) (DRIVEWAY) 35 SY OR
80
45.00
31600.00
GREATER PER SY
9-005
REMOVE EXISTING ASPHALT (FULL DEPTH) (SEE NOTES) PER
400
0.75
300.00
Sy
9-006
REGULAR EXCAVATION PER CY
100
4.50
450.00
9-010
FINISH GRADING PER SY
420
2.00
840.00
DRAINAGE PER PLAN
SHEET C-300 COUNTRY CLUB @ BIMINI RD.
9-044
INLETS (DITCH BOTTOM) (TYPE Q PER EACH
1
21800.00
2X0.00
9-048
INLET (REMOVE Et DISPOSE) PER EACH
1
500.00
500.00
9-076
A-2000 PIPE CULVERT (15" PVC) PER LF
10
39.00
390.00
9-103
MISC. CONCRETE (INCL REINFORCING STEEL) PER CY
1.5
950.00
1)425.00
SHEET C-300 COUNTRY CLUB @ STARBOARD WAY
9-044
INLETS (DITCH BOTTOM) (TYPE C) PER EACH
1
21800.00
2)800.00
9-048
INLET (REMOVE 8: DISPOSE) PER EACH
1
500.00
500.00
9-076
A-2000 PIPE CULVERT (15" PVC) PER LF
6
39.00
234.00
9-103
MISC. CONCRETE (INCL REINFORCING STEEL) PER CY
1.5
950.00
1)425.00
SHEET C-301 OPTION 1 TRADEWIND CIRCLE
9-044
INLETS (DITCH BOTTOM) (TYPE C) PER EACH
1 11
21800.001
2X0.00
Phnnp- V.- SM -AR6--6n-77 Fqy -it - 51�1 -6RA- 2411 -nrk;it-\tv-vnn;incirnncra-)f.--n. mr
Total
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Page 1
Page 464 of 496
Agenda Item #21.
WYNN &SONS ENVIRONMENTAL CONSTRUCTION CO. INC.
WEST PALM BEACH, FL. 33411
Village of Tequesta
Estimate
Date Estimate #
4/23/2021 4653
Project
Item
Description
Qty
Rate
Total
9-048
INLET (REMOVE Et DISPOSE) PER EACH
1
500-00
500-00
9-076
A-2000 PIPE CULVERT (15" PVC) PER LF
20
39.00
780.00
9-103
MISC. CONCRETE (INCL REINFORCING STEEL) PER CY
1.5
950.00
1,425.00
SHEET C-301 LOT I BLOCK 2
9-057
MODIFY INLET Et INSTALL RETICULINE FRAME Et GRATE PER
2
2,500.00
5,000.00
EACH
SHEET C-302 COUNTRY CLUB DRIVE @ COUNTRY CLUB
CI RCLE
9-044
INLETS (DITCH BOTTOM) (TYPE Q PER EACH
1
2Y800.00
2)800.00
9-048
INLET (REMOVE Et DISPOSE) PER EACH
1
500.00
500.00
9-076
A-2000 PIPE CULVERT (15" PVC) PER LF
20
39.00
780.00
9-103
MISC. CONCRETE (INCL REINFORCING STEEL) PER CY
2
950.00
1, 900.00
45's/marmac couplers etc considered included in the
concrete collar pricing
DRIVEWAY TRANSITIONS NOT BEING REPLACED
9-125
CONCRETE SIDEWALK (6" THICK) (DRIVEWAY) 35 SY OR
100
45.00
4,500.00
GREATER PER SY
9-024
SUPERPAVE ASPHALTIC CONCRETE (SP-9.5) TRAFFIC LEVEL
20
200.00
4X0.00
Q (0-200 TON ORDERS) PER TN
9-033
PAVER BRICK PER SY
50
100.00
5X0.00
9-034
REMOVE PAVER BRICK PER SY
50
10.00
500.00
10% CONTINGENCY FOR UNFORSEEN CONDITIONS
1
1
15,600.00
15,600.00
I Phnnip- V.- Si�.l -AR6--6n-77 Fqy -it - 51�1 -6RA- 2411 -nrk;it-\tv-vnn;incirnnc,.ra-)f.--n. mr
Total $160,871.50
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Page 2
Page 465 of 496
Agenda Item #21 0
V'111age of Tequesta
345 Tequesta
Tequesta., FL 33469
• lei
Tequesta Public Works Department Memorandum
To: Jeremy Allen, Village Manager
From: Douglas M. Chambers, Director Public Works
561-768-0700
www.tequesta.org
Subject: County Club Drive Sidewalk Improvements Phase II
Date: April 26, 2021
This agenda item references replacing asphalt sidewalk with concrete. The
project limits are from Eastwi nds Circle to Tequesta Drive on the east side
of Country Club Drive. Phase II will complete the Sidewalk Improvements on
Country Club Drive.
Kimley Horn and Associates provided professional engineering services and
plans to move existing stormwater catch basins in the sidewalk to the
swa le. Holtz Engineering provided CAD drawings identifying the locations of
existing underground utilities.
Multiple layers of asphalt sidewalk have deteriorated and will be replaced
with concrete.
Four Stormwater catch basins will be moved out of the sidewalk and into the
swa le.
The Village Council approved a Pathway and Minor Construction Contract
Vice -Mayor Kyle Stone Mayor Frank D'Ambra, III Council Member Laurie Brandon
Council Member Bruce Prince Council Member Molly Young
Village Manager Jeremy Allen
Page 466 of 496
Agenda Item #21 0
with Wynn and Sons Construction in February 2021 and approved funding
for Pathway Improvements in Fiscal Year 2021 in the amount of $198,600.
Wynn and Sons Construction provided a proposal based on contract rates in
the amount of $160,871-50.
The Public Works and Utilities Departments will share the cost to complete
this project as follows;
The Public Works Department $114,322.50 in the Pathway/Sidewalk
Improvement Fund.
The Utilities Department $46,,549.00 in the Stormwater Enterprise Fund.
It is my recommendation to approve this project and move forward with the
sidewalk improvements.
Doug Chambers
Director
Department of Public Works
Page 467 of 496