HomeMy WebLinkAboutDocumentation_Regular_Tab 13_12/9/2021Agenda Item #13.
Regular Council
STAFF MEMO
Meeting: Regular Council - Dec 09 2021
Staff Contact: Matthew Hammond, Utilities Department: Utilities
Director
Approve Contract Award - Reject Disposal Main Temporary Relocation — Hinterland Group
4RY:
The Utilities Department has a need to relocate the concentrate disposal pipe and diffuser adjacent to
the Jupiter Federal Highway (US1) Bridge as required by the Florida Department of Transportation
(FDOT) right-of-way permit. Concentrate is a byproduct left behind when groundwater is pushed
through reverse -osmosis membranes and is typically disposed of via surface water discharge or deep -
injection well. The concentrate generated at the Village Water Treatment Plant (WTP) is disposed via
a permitted discharge into the Loxahatchee River through the Florida Department of Environmental
Protection (FDEP), the same method of disposal used by the Town of Jupiter.
Village staff and Kimley-Horn &Associates have been coordinating with FDOT and FDEP for several
years to identify a feasible and cost-efficient plan for the required relocation. The proposed relocation
plan agreed to in concept by FDOT and FDEP involves temporarily moving the discharge point to the
west side of the bridge until the bridge construction is complete when it will be moved back.
To ensure the lowest possible price for these projects, the Village issued an Invitation to Bid (ITB) on
October 27, 2021 for the temporary relocation of the concentrate diffuser adjacent to the bridge. This
process was completed by the Village through a competitive selection process —Reject Disposal Main
Temporary Relocation - ITB No. UTIL 09-21. The ITB was advertised via the Village website and
Demandstar which was broadcast to 968 applicable vendors. As a result of the Village's ITB, the
following two (2) bid proposals were received:
Vendor
Hinterland Group
Johnson -Davis
Total Bid
$225,900-00
Incomplete
Note: The bid documents received from Johnson -Davis through Demandstar were blank with the note
"*THIS IS A TEST FILE*"
After review of the two (2) bids received, the Utilities Director, Village Attorney and the Village's
contracted engineer, Kimley-Horn, determined that Hinterland Group provided the lowest, responsible
and responsive bid. As a result, staff is requesting the Council to approve the contract award to the
Hinterland Group in the amount of $225,900.00 (including a $10,000 allowance for unforeseen
conditions).
The contract documents (front -ends) used for this project were Village -specific standard documents
developed in conjunction with the Village Attorney using Engineers Joint Contract Documents
Committee (EJCDC) 2018 Construction Series Documents.
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Agenda Item #13.
If approved, the Village would accept the Hinterland Group's pricing including all terms, conditions and
pricing as submitted within their ITB proposal. The proposed bid amount submitted by the Hinterland
Group ($225,900.00) is above the Engineer's cost estimate ($166,800) by approximately 35%.
If approved, it is estimated that the proposed Reject Disposal Main Temporary Relocation project is
expected to be completed by March 2022.
Budget Summary - 401-411-663.600 - Improvements Other Than Buildings:
Project Bud et Encumbered Proposed
Floridan Well
Rehabilitation
(Construction)
SurFicial Well
Replacement -
Well No. S19
(Construction)
Temporary
Concentrate
Disposal
(Construction)
Account Total
$1Y165Y000.00 $416Y979.03
$520,000.00
$2507000.00
$117388.48
$179357000.00 $4287367.51
$2257900.00
$2257900.00
Projected Projected
Remaining Total
$0.00 $416Y979.03
$520,000.00 $520,000.00
$0.00 $237)288.48
$520,000.00 $11174,267.51
NOTE: Due to document size, the complete agreement and supporting exhibits can be obtained
from the Utilities Department upon request.
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.
BUDGETED AMOUNT: AVAILABLE AMOUNT: EXPENDITURE AMOUNT:
$250,000 $238,611-52 $225,900-00
Additional Budgetary Information: Funding Source(s):
Water Enterprise Fund
Approved contract award with Hinterland Group for Reject Disposal Main Temporary Relocation.
Section 00520 Agreement.ada
Bid Tabulation ITB UTIL 09-21.ada
Reject Main Temporary Relocation Plans.ada
Recommendation of Award - Kimley Horn.ada
Page 111 of 222
Agenda Item #13.
The following documenti*s presented in a non=
ADA compliant format. Please contact the
Village Clerk's office if you would like to
receive an ADA compliant version of this
document.
Page 112 of 222
Agenda Item #13.
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between Village of Tequesta ("Owner") and
Hinterland Group, Inc. ("Contractor").
Owner and Contractor hereby agree as follows:
ARTICLE 1— WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work
is generally described as follows:
ARTICLE 2 —THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: The installation of approximately 175 LF of 12" HDPE reject disposal main within the
FDOT easement on the west side of the US-1 bridge and into the Loxahatchee River. The
construction will also include installation of appropriate fittings, couplings, stiffeners, sample
ports, accessories and appurtenances for a complete and functioning system.
ARTICLE 3 — ENGINEER
3.01 The part of the Project that pertains to the Work has been designed by Kimley-Horn & Associates,
Inc.
3.02 The Owner has retained Kimley-Horn & Associates, Inc. ("Engineer") to act as Owner's
representative, assume all duties and responsibilities, and have the rights and authority assigned
to Engineer in the Contract Documents in connection with the completion of the Work in
accordance with the Contract Documents.
ARTICLE 4 — CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Days
A. The Work will be substantially completed within 90 days after the date when the Contract
Times commence to run as provided in Paragraph 4.01 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions within 120 days after the date when the Contract Times commence to run.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with the Contract. The parties also recognize the
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Agenda Item #13.
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
1. Substantial Completion: Contractor shall pay Owner $500.00 for each day that expires
after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A
above for Substantial Completion until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the Contract Times (as
duly adjusted pursuant to the Contract) for completion and readiness for final payment,
Contractor shall pay Owner $1,000.00 for each day that expires after such time until the
Work is completed and ready for final payment.
3. Liquidated damages for failing to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.
4.04 Special Damages
A. In addition to the amount provided for liquidated damages, Contractor shall reimburse
Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's
failure to attain Substantial Completion according to the Contract Times.
ARTICLE 5 — CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6 — PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the
General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment on or about the 25th day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract. All such payments will be measured by the Schedule of Values
established as provided in the General Conditions (and in the case of Unit Price Work based
on the number of units completed) or, in the event there is no Schedule of Values, as
provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
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Agenda Item #13.
a. 90 percent of Work completed (with the balance being retainage). If the Work has
been 50 percent completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to Owner and Engineer, then as long
as the character and progress of the Work remain satisfactory to Owner and
Engineer, the retainage will be reduced in accordance with Florida Statute 218.735;
and
b. 90 percent of cost of materials and equipment not incorporated in the Work (with
the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 100 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer's estimate of the value of Work to be completed or corrected as shown on the
punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.
ARTICLE 7 — INTEREST
7.01 All amounts not paid when due shall bear interest at the rate of 1 percent per annum.
ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the Supplementary
Conditions, especially with respect to Technical Data in such reports and drawings, and (2)
reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent
to the Site that have been identified in the Supplementary Conditions, especially with respect
to Technical Data in such reports and drawings.
E. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site -related
reports and drawings identified in the Contract Documents, with respect to the effect of such
information, observations, and documents on (1) the cost, progress, and performance of the
Work; (2) the means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor; and (3) Contractor's safety precautions and programs.
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Agenda Item #13.
F. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.
G. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
J. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon performing
and furnishing the Work required by the Contract Documents.
ARTICLE 9 — CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 19 , inclusive).
2. Performance bond (pages 1 to 4 , inclusive).
3. Payment bond (pages 1 to 4 , inclusive).
4. General Conditions (pages 1 to 70 , inclusive).
5. Supplementary Conditions (pages 1 to 11 , inclusive).
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings (not attached but incorporated by reference) consisting of 6 sheets with
each sheet bearing the following general title: REJECT DISPOSAL MAIN RELOCATION
PROJECT (TEMPORARY RELOCATION)
8. Addenda (numbers 1 to 1 , inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages 1 1 to 166 , inclusive).
10. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
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Agenda Item #13.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.
ARTICLE 10 — MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto without
the written consent of the party sought to be bound; and, specifically but without limitation,
money that may become due and money that is due may not be assigned without such
consent (except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c)
to deprive Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or affect
the execution of the Contract.
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Agenda Item #13.
10.06 Indemnity
A. The parties recognize that the Contractor is an independent contractor. The Contractor
agrees to assume liability for and indemnify, hold harmless, and defend the Owner, its
council members, mayor, officers, employees, agents, and attorneys of, from, and against all
liability and expense, including reasonable attorney's fees, in connection with any and all
claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or
nature, including claims for personal injury, property damage, equitable relief, or loss of use,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
the Contractor, its agents, officers,. Contractors, subcontractors, employees, or anyone else
utilized by the Contractor in the performance of this Contract. The Contractor's liability
hereunder shall include all attorney's fees and costs incurred by the Owner in the
enforcement of this indemnification provision. This includes claims made by the employees
of the Contractor against the Owner and the Contractor hereby waives its entitlement, if any,
to immunity under Section 440.11, Florida Statutes. The obligations contained in this
provision shall survive termination of this Contract and shall not be limited by the amount of
any insurance required to be obtained or maintained under this Contract.
B. Subject to the limitations set forth in this Section, Contractor shall assume control of the
defense of any claim asserted by a third party against the Owner and, in connection with
such defense, shall appoint lead counsel, in each case at the Contractor's expense. The
Owner shall have the right, at its option, to participate in the defense of any third party claim,
without relieving Contractor of any of its obligations hereunder. If the Contractor assumes
control of the defense of any third party claim in accordance with this paragraph, the
Contractor shall obtain the prior written consent of the Owner before entering into any
settlement of such claim. Notwithstanding anything to the contrary in this Section, the
Contractor shall not assume or maintain control of the defense of any third party claim, but
shall pay the fees of counsel retained by the Owner and all expenses, including experts' fees,
if (i) an adverse determination with respect to the third party claim would, in the good faith
judgment of the Owner, be detrimental in any material respect to the Owner's reputation;
(ii) the third party claim seeks an injunction or equitable relief against the Owner; or (iii) the
Contractor has failed or is failing to prosecute or defend vigorously the third party claim.
Each party shall cooperate, and cause its agents to cooperate, in the defense or prosecution
of any third party claim and shall furnish or cause to be furnished such records and
information, and attend such conferences, discovery proceedings, hearings, trials, or
appeals, as may be reasonably requested in connection therewith.
C. It is the specific intent of the parties hereto that the foregoing indemnification complies with
Section 725.06, Florida Statutes, as amended. Contractor expressly agrees that it will not
claim, and waives any claim, that this indemnification violates Section 725.06, Florida
Statues. Nothing contained in the foregoing indemnification shall be construed as a waiver
of any immunity or limitation of liability the Owner may have under the doctrine of sovereign
immunity or Section 768.28, Florida Statutes.
10.07 Governing Law and Remedies
A. The validity of this Agreement and of any of its terms or provisions, as well as the rights and
duties of the parties hereunder, shall be governed by the laws of the State of Florida and
venue for any and all disputes related to or arising from this Agreement shall be in Palm
Beach County, Florida.
B. No remedy herein conferred upon any party is intended to be exclusive of any other remedy,
and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
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Agenda Item #13.
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
10.08 Office of the Inspector General
A. Palm Beach County has established the Office of the Inspector General, which is authorized
and empowered to review past, present, and proposed County programs, contracts,
transactions, accounts and records. The Inspector General (IG) has the power to subpoena
witnesses, administer oaths, require the production of records, and monitor existing projects
and programs. The Inspector General may, on a random basis, perform audits on all Owner
contracts.
10.09 Public Records
Contractor shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if
determined to be acting on behalf of the Owner as provided under section 119.011(2), Florida
Statutes, specifically agrees to:
(a) Keep and maintain public records required by the Owner to perform the service.
Upon request from the Owners's custodian of public records or designee, provide the
Owner with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized bylaw for the duration of
this Contract and following completion of this Contract if the Contractor does not transfer the
records to the Owner.
Upon completion of this Contract, transfer, at no cost, to the Owner all public records in
possession of the Contractor or keep and maintain public records required by the Owner to
perform the service. If the Contractor transfers all public records to the Owner upon completion
of the Contract, 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 Contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the Owner, upon request from the Owner's custodian of public records or designee, in a format
that is compatible with the information technology systems of the Owner.
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Agenda Item #13.
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, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT 561-768-0443,
Imcwilliams@teguesta.org, OR BY MAIL AT VILLAGE OF TEQUESTA, 345
TEQUESTA DRIVE, TEQUESTA, FL 33469.
10.10 Insurance
A. The limits of liability for insurance required by Paragraph 6.03 of the General Conditions shall
provide coverage for not less that the following amounts or greater where required by Law
and Regulations:
1. Workers' Compensation, and related coverages under Paragraphs 6.03.A.1 and A.2 of
the General Conditions:
a. State Statutory
b. Applicable Federal Statutory
c. Employer Liability:
Bodily injury, each accident $1,000,000
Bodily injury by disease, each employee $500,000
Bodily injury/disease aggregate $1,000,000
d. Foreign voluntary worker compensation Statutory
2. Contractor's Commercial General Liability under Paragraphs 6.03.E and 6.03.0 of the
General Conditions:
a. General Aggregate $2,000,000
b. Products — Completed Operations Aggregate $2,000,000
c. Personal and Advertising Injury $1,000,000
d. Each Occurrence $1,000,000
(Bodily Injury and Property Damage)
3. Automobile Liability under paragraph 6.03.D of the General Conditions:
a. Bodily Injury:
Each Person $500,000
Each Accident $1,000,000
b. Property Damage:
Each Incident $1,000,000
4. Umbrella of Excess Liability under paragraph 6.03.E of the General Conditions:
a. Excess or Umbrella Liability
1) General Aggregate $5,000,000
2) Each Occurrence $110001000
5. Contractor's Pollution Liability under paragraph 6.03.F of the General Conditions:
a. Contractor's Pollution Liability
1) General Aggregate $2,000,000
2) Each Occurrence $1,000,000
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Agenda Item #13.
6. Additional Insureds include the respective officers, partners, directors, employees,
agents, consultants, and subconsultants of the following firms and municipal
government(s):
a. Village of Tequesta
10.11 Audit By Owner
A. The Contractor shall permit the Owner, or any authorized representatives of the Owner, at
all reasonable times, access to and the right to examine all records, books, papers or
documents related to the Contractor's performance under this Agreement including, but not
limited to, expenses for sub -contractors, agents or assistants, direct and indirect charges for
work performed and detailed documentation for all such work performed or to be performed
under this Agreement.
10.12 Copies of Data/Documents
A. Copies or original documents prepared by the Contractor in relation to work associated with
this Agreement shall be provided to the Owner. Data collected, stored, and/or provided shall
be in a form acceptable to the Owner and agreed upon by the Owner.
10.13 Ownership
A. Each and every report, draft, work product, map, record, and other document reproduced,
prepared, or caused to be prepared by the Contractor pursuant to or in connection with this
Agreement shall be the exclusive property of the Owner.
10.14 Limitations of Liability
A. Under no circumstances shall either party be liable to the other for any consequential,
incidental, special, punitive, or any other form of indirect or non -compensatory damages.
10.15 Enforcement Costs
A. All parties shall be responsible for their own attorneys' fees, court costs and expenses if any
legal action or other proceeding is brought for any dispute, disagreement, or issue of
construction or interpretation arising hereunder whether relating to the Agreement's
execution, validity, the obligations provided therein, or performance of this Agreement, or
because of an alleged breach, default or misrepresentation in connection with any provisions
of this Agreement.
10.16 Copyrights and/or Patent Rights
A. Contractor warrants that there has been no violation of copyrights and/or patent rights in
the manufacturing, producing or selling of the goods, shipped or ordered, as a result of this
Agreement and the Contractor agrees to hold the Owner harmless from any and all liability,
loss, or expense occasioned by any such violation.
10.17 Protection of Property
A. The Contractor shall at all times guard against damage or loss to the property of the Owner
or of other vendors or contractors and shall be held responsible for replacing or repairing
any such loss or damage. The Owner may withhold payment or make such deductions as
deemed necessary to insure reimbursement or replacement for loss or damage to property
through negligence of the successful Contractor or its agents. The Contractor shall be
responsible to safeguard all of their property such as tools and equipment while on site. The
Owner will not be held responsible for any loss of Contractor property due to theft or
vandalism.
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Agenda Item #13.
10.18 Damage to Persons or Property
A. The responsibility for all damage to person or property arising out of or on account of Scope
of Work done under this Contract shall rest upon the Contractor.
10.19 Discrimination
A. The Contractor warrants and represents that all of its employees are treated equally during
employment without regard to race, color, religion, disability, sex, age, national origin,
ancestry, political affiliation, marital status, handicap, or sexual orientation. Further,
Contractor shall not discriminate or permit discrimination against any employee or an
applicant for employment on the basis of race, color, sex, religion, political affiliation, natural
origin, ancestry, marital status, sexual orientation or handicap.
10.20 Construction Defects
A. PURSUANT TO SECTION 558.005, FLORIDA STATUTES, ANY CLAIMS FOR CONSTRUCTION
DEFECTS ARE NOT SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558,
FLORIDA STATUTES.
10.21 Public Entity Crimes
Contractor acknowledges and agrees that a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid,
proposal, or reply on a contract to provide any goods or services to a public entity; may not submit
a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public
building or public work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier or sub -contractor
under a contract with any public entity; and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO
for a period of 36 months following the date of being placed on the convicted vendor list. The
Contractor will advise the Owner immediately if it becomes aware of any violation of this statute.
10.22 Scrutinized Companies
A. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies
that Boycott Israel List and are not engaged in the boycott of Israel. Pursuant to section 287.135,
Florida Statutes, the Owner may immediately terminate this Agreement at its sole option if the
Contractor or any of its subcontractors are found to have submitted a false certification; or if the
Contractor or any of its subcontractors, are placed on the Scrutinized Companies that Boycott
Israel List or is engaged in the boycott of Israel during the term of this Agreement.
B. If this Agreement is for one million dollars or more, the Contractor certifies that it and its
subcontractors are also not on the Scrutinized Companies with Activities in Sudan List, Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business
operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section
287.135, the Owner may immediately terminate this Agreement at its sole option if the
Contractor, or any of its subcontractors are found to have submitted a false certification; or if the
Contractor or any of its subcontractors are placed on the Scrutinized Companies with Activities in
Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
are or have been engaged with business operations in Cuba or Syria during the term of this
Agreement.
C. The Contractor agrees to observe the above requirements for applicable subcontracts
entered into for the performance of work under this Agreement.
00520, Agreement
Page 10 of 12
Page 122 of 222
Agenda Item #13.
D. The Contractor agrees that the certifications in this section shall be effective and relied
upon by the Owner for the term of this Agreement, including any and all renewals.
E. The Contractor agrees that if it or any of its subcontractors' status changes in regards to
any certification herein, the Contractor shall immediately notify the Owner of the same.
F. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize
the above -stated contracting prohibitions then they shall become inoperative.
00520, Agreement
Page 11 of 12
Page 123 of 222
Agenda Item #13.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on December 9, 2021 (which is the Effective Date of the Contract).
VI LLAG E: CONTRACTOR:
By:
Title: Mayor
Attest:
Title: Village Clerk
Approved
as to
Form:
Title: Village Attorney
Address for giving notices:
Village Manager
345 Tequesta Drive
Tequesta FL, 33469
By:
Title:
(Seal)
The foregoing instrument was sworn to (or
affirmed) and subscribed before this day
of 20 by
. who
is [ ] personally know to me or [ ] who has
produced a as
identification and who did/did not take an oath.
(Seal)
Notary Public
State of Florida
Address for giving notices:
2051 W Blue Heron Boulevard
Riviera Beach, FL 33404
CGC15203354, CUC1224634,
License No.: EC13003615
(where applicable)
00520, Agreement
Page 12 of 12
Page 124 of 222
Agenda Item #13.
Exhibit A
Page 125 of 222
Agenda Item #13.
BID FORM FOR CONSTRUCTION CONTRACT
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 1—OWNER AND BIDDER
1.01 This Bid is submitted to:
Village of Tequesta
C/O Village Clerk
345 Tequesta Drive
Tequesta FL, 33469
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with Owner in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and
in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. List of Proposed Subcontractors;
C. List of Proposed Suppliers;
D. Evidence of authority to do business in the state of the Project; or a written covenant to
obtain such authority within the time for acceptance of Bids;
E. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant
by Bidder to obtain said license within the time for acceptance of Bids;
F. Required Bidder Qualification Statement with supporting data; and
G. Florida Trench Safety Act Certification;
H. Statement of Disputes, Litigation, Arbitration, And Surety Completion;
I. Noncollusion Affidavit;
J. Drug -Free Workplace Certificate;
K. Sworn Statement on Public Entity Crimes;
L. Scrutinized Companies Certification Form
ARTICLE 3—BASIS OF BID
3.01 Lump Sum Bids
A. Bidder will complete the Work in accordance with the Contract Documents for the following
lump sum (stipulated) price(s):
Section 00410, Bid Form for Construction Contract
Page 1 of 6
Page 126 of 222
Agenda Item #13.
1. Lump Sum Price
Item
No.
Description
Bid Amount
GC-1
Bonds and Insurance
$ 6,600.00
GC-2
Mobilization / Demobilization
$ 9,500.00
GC-3
Maintenance of Traffic (Channel Control)
$ 2,100.00
GC-4
Survey and Record Drawings
$ 9,900.00
RM-1
Reject Main (Landward Side)
$
65 000.00
RM-2
Reject Main (Seawall / Water Side)
$ 65,000.00
RM-4
Restoration
$ 71 00.00
Contingency Allowance
$10,000
Total Lump Sum Price
$ 175,900.00
3.02 Unit Price Bids
A. Bidder will perform the following Work at the indicated unit prices:
Item
Estimated
Description
Unit
Bid Unit Price
Bid Amount
No.
Quantity
RM-3
12-inch Concrete Piles
LF
50
1,000.00
50.1000.00
Total of All Unit Price Bid Items
$ 50,000.00
B. Bidder acknowledges that:
1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover
Contractor's overhead and profit for each separately identified item, and
2. estimated quantities are not guaranteed and are solely for the purpose of comparison of
Bids, and final payment for all Unit Price Work will be based on actual quantities,
determined as provided in the Contract Documents.
3.03 Total Bid Price (Lump Sum and Unit Prices)
Total Bid Price (Total of all Lump Sum and Unit Price Bids) $ 225,900.00
ARTICLE 4—TIME OF COMPLETION
4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for
final payment in accordance with Paragraph 15.06 of the General Conditions on or before the
dates or within the number of calendar days indicated in the Agreement.
4.02 Bidder agrees that the Work will be substantially complete within 90 calendar days after the date
when the Contract Times commence to run as provided in Paragraph 4.01 of the General
Conditions, and will be completed and ready for final payment in accordance with
Section 00410, Bid Form for Construction Contract
Page 2 of 6
Page 127 of 222
Agenda Item #13.
Paragraph 15.06 of the General Conditions within 120 calendar days after the date when the
Contract Times commence to run.
4.03 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 5-13IDDER'S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF
ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such
longer period of time that Bidder may agree to in writing upon request of Owner.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including
without limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
1 11/12/2021
ARTICLE 6-13IDDER'S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder's Representations
A. In submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local, and Site conditions that may
affect cost, progress, and performance of the Work.
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions
at or adjacent to the Site and the drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
Section 00410, Bid Form for Construction Contract
Page 3 of 6
Page 128 of 222
Agenda Item #13.
6. Bidder has considered the information known to Bidder itself; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information, observations, and Technical Data on (a) the cost, progress, and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder's (Contractor's) safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Bidder
agrees that no further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance of the Work at the Contract Price, within the Contract
Times, and in accordance with the other terms and conditions of the Contract.
8. Bidder is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and of discrepancies
between Site conditions and the Contract Documents, and the written resolution thereof
by Engineer is acceptable to Contractor.
10. The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that
without exception the Bid and all prices in the Bid are premised upon performing and
furnishing the Work required by the Bidding Documents.
6.02 Bidder's Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group, association, organization, or corporation.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made (a) to
influence the bidding process to the detriment of Owner, (b) to establish bid prices at
artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and
open competition.
c. Collusive practice means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish bid prices
at artificial, non-competitive levels.
Section 00410, Bid Form for Construction Contract
Page 4 of 6
Page 129 of 222
Agenda Item #13.
d. Coercive practice means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
Section 00410, Bid Form for Construction Contract
Page 5 of 6
Page 130 of 222
Agenda Item #13.
BIDDER hereby submits this Bid as set forth above:
Bidder:
Ci
Hinterland Group,, Inc. �,y< N D
0 6,1,
A
-(t or rin edrhqm" of Organization)
By: V
OVidal s signw ore'
,u
Name: Cwse Rogers
(typed or printed)
Title: Project Director
(typed or printed)
Date:
(typed or printed)
If Bidder is a cornRti a partnership, or a joint venture, attach evidence of authority to sign.
Attest:
(individual"s signature)
Name: DahierDuke-, III
(typed or printed)
Title: President
(typed or printed)
Date: TOE I
(typed or printed)
Address forgiving notices:
2051 W Blue Heron Blvd,
Riviera Beach, FL 33404
Bidder's Contact:
Name: Chase Rogers
(typed or p rin te d)
Title: Project Director
(typed or printed)
Phone: 561-640-3503
Email: info@hinterlandgroup.com
Address:
2051 W Blue Heron Blvd.
Riviera Beach, FL 33404
Bidder's Contractor License No.: CGC15203354 / CUC1224634 / EC13003615
Section 00410, Bid Form for Construction Contract
Page 5 of 5
Page 131 of 222
Agenda Item #13.
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Page 132 of 222
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Agenda Item #13.
The following documenti*s presented in a non=
ADA compliant format. Please contact the
Village Clerk's office if you would like to
receive an ADA compliant version of this
document.
Page 141 of 222
Agenda Item #13.
Kimley»>Horn
November 30, 2021
Village of Tequesta
Matthew Hammond, P.E. — Utilities Director
345 Tequesta Drive
Tequesta, FL 33469
RE: Village of Tequesta Reject Disposal Main Relocation (Temporary Location)
Bid Results
Kimley-Horn Project Number.- 040097026
Dear Mr. Hammond,
A total of two (2) bids were received for the Village of Tequesta Reject Disposal Main Relocation project
with only one (1) bid being complete upon receipt. The bid received was for a total of $225,900.00,
inclusive of a required $10,000 contingency allowance. The Engineer's Opinion of Probable
Construction Cost (OPC) totaled $166,800.00 with the required contingency allowance. The bid
received was approximately 26% higher than the Engineer's OPC. Due to current market conditions,
the 26% increase in overall cost is on par with the engineer's experiences over the past 18 months.
The Village provided the attached Bid Proposal from Hinterland Group, Inc. for review by Kimley-Horn
& Associates, Inc. The documents appear to be substantially complete. Of the project reference
verifications received, all were positive. In addition, Hinterland Group, Inc. currently has an on -call
contract with the Village on which they perform satisfactorily. Based on our limited review, Hinterland
Group, Inc. has submitted the lowest, responsive and responsible bid.
Please do not hesitate to contact me at (561) 290-0955 if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Thomas C. Jensen, P.E.
Engineer of Record
Attachments: Hinterland Group, Inc. Bid Proposal
Bid Tab
Copy: File (1)
Page 142 of 222