HomeMy WebLinkAboutDocumentation_Regular_Tab 19_7/13/2023Agenda Item #19.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jul 13 2023
Staff Contact: Doug Chambers, Director of Department: Public Works
Public Works
EMW
Consider Approval of Terracon Services, Inc. Second Addendum to the Agreement for Mowing and
Landscaping Services
On September 13, 2018 the Village Council approved a competitively bid contract for mowing and
landscaping services with Terracon Services, Inc.
The term of this agreement is five (5) years concluding on September 30, 2023. One five (5) year
extension is available at the same fixed pricing. Based on the quality of service and pricing, it is staff's
recommendation to extend this contract for an additional five (5) years, concluding on September 30,
2028.
Per contract language, 2.19 Additional locations and facilities; staff also requests adding additional
facilities to this agreement.
Staff requests adding the following locations to the agreement.
• Water Treatment Plant (Utilities Department)
• Well Sites (Utilities Department)
• Community Center (Parks and Recreation Department)
• Constitution Park (Parks and Recreation Department)
Terracon Services Inc has provided pricing, based on contract pricing in the attached exhibits, B-E.
Adding additional locations to this agreement is not a guarantee of work.
By adding the additional locations, staff has the option to utilize this contract, based on contract pricing
and available funds in the Departments respective budgets.
This second addendum includes extending the term of the contract for five (5) years and adding four
(4) additional locations to the agreement under the same terms, conditions and pricing in the
agreement.
Staff recommends motion to approve the Second Addendum to the Agreement for Mowing and
Landscaping Services with Terracon Services, Inc.:
Page 511 of 537
Agenda Item #19.
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.
BUDGET AMOUNT N/A
FUNDING SOURCES: N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes ❑ N/A
AMOUNT AVAILABLE N/A EXPENDITURE AMOUNT: N/A
IS THIS A PIGGYBACK:
❑ Yes ❑ N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
Staff recommends motion to approve Terracon Services, Inc. Second Addendum to the Agreement for
Mowing and Landscaping Services.
2018 Terracon Contract Fully Executed
Exhibit A Terracon Landscape Contract
TERRACON 2ND ADDENDUM AGREEMENT FOR MOWING AND LANDSCAPING SERVICES
Exhibit B CommunityCenter
Exhibit C Constitution Park
Exhibit D WaterPlant
Exhibit E WellSites
Page 512 of 537
Agenda Item #19.
VILLAGE OF TEQUESTA
CONTRACT FOR MOWING AND LANDSCAPING SERVICES
THIS CONTRACT FOR MOWING AND LANDSCAPING SERVICES is
entered into and effective this —1st day of October 2018, by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469-0273, organized and existing in accordance with the laws of the State of
Florida, hereinafter "the Village"; and TERRACON SERVICES, INC., a Florida corporation
with offices looted at 18241 1319 Trail North, Jupiter, Florida 33478, 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 Contract
whereby the Contractor shall provide lawn mowing and landscaping services for street median,
rights -of -way and other Village owned or maintained areas as specified in Village of Tequesta
RFP# 2018-03PW which is incorporated into and made a part of this Agreement by reference as if
fully set forth herein. RFP# 2018-03PW is attached hereto as Exhibit "A".
2. COMPENSATION: The Contractor's Bid Submittal contain all pricing for the
services contemplated by this Agreement is incorporated into and made a part of this Agreement
by reference as if fully set forth herein The Contractor's Bid Submittal is attached hereto as
Exhibit "B".
3. INSURANCE AND PUREMNIFICATION• 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. 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.
Page 513 of 537
Agenda Item #19.
4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132-133,
Florida Statues, 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.
5. TERM; TERMINATION; NOTICE: Pursuant to Exhibit "A", the term of this
Agreement is for five (5) years, commencing October 1, 2018 and concluding September 30, 2023.
One five (5) year extension may be agreed to by the Parties as specified in Exhibit "A". This
Contract may be terminated by the Village upon written notice to the Contractor pursuant to
Exhibit "A". 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
Terracon Services, Inc.
345 Tequesta Drive
18241 13111 Trail North
Tequesta, FL 33469-0273
Jupiter, FL 33478
Attn: Director of Utilities
Attn: Joseph Baglia
6. 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 Contract 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.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contract 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 Contract.
9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached
hereto, and required insurance certificates constitute the entire Contract between both parties; no
modifications shall be made to this Contract unless in writing, agreed to by both parties, and
Page 2 of 4
Page 514 of 537
Agenda Item #19.
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the
provision of goods called for in this Contract without prior written consent of the Village.
10. 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 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.
11. PUBLIC RECORDS: In accordance with Sec. 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 Sec. 119.0701, Florida Statutes, and other penalties under Sec. 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 the Proposal or
Bid are not disclosed except as authorized by law for the duration of the Agreement tern, 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
Page 3 of 4
Page 515 of 537
Agenda Item #19.
Contractor shall meet all applicable requirements for retaining public records. Records that are
stored electronically must be provided to the Village, upon request from the Village's custodian
of public records, in a format that is compatible with the Village's information technology
systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT
Imcwilliams a,tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date and year first above written.
WITNESSES:
AincLre c, eonLo,l
I.1101 *"
Lori McWilliams, MMC
T
PC
TERRAN SER ICE
By: Josdph Bagli� Vice Presid
On: O tober t , 2018
(Corporate Seal)
VILLAGE OF TEQUESTA
`Sy: Abiga' lirerinaWMa�or
Qn:Qetol4er 13 , 2018
SEAL- (Seal)
INCORPORATED:
4 of 4
Page 516 of 537
Agenda Item #19.
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Page 5f8 0 537
Agenda Item #19.
SECOND ADDENDUM TO THE AGREEMENT
FOR MOWING AND LANDSCAPING SERVICES
BY AND BETWEEN
THE VII.LA(mi, OF TFQUESTA
AND
TERRACON SERVICES, INC;.
THIS SECOND ADDF..N;C=IUM, made and entered into this day cif'_ 2023
by and between the Village 0 rTequesta, Florida, a municipal corporation organized and existing
in accordance with the laws ofthe State of Florida with offices located at 345 Tequesta Drive,
Tequesta, Florida 33469, hereinafter referred to as tiie "Village-, and Terra.eon Services, INC. a
Florida corporation authorized to do business in Florida with principal offices located, at 18241
131' Trail NOFth Alp4er, FL 33478 hcreina leer referred to as the "Contractor" (attd collectively
with the Village the "Parties"), both ofwhont agree that the (xirrent October V, 2.018 Agreerxtent
forMowing and landscaping Sm ices, entered into pursuant to Village of Tequesta RF'P#1 2018-
03PNNI, (hereinafter the "Agreement"), inade and entered into by the Tillage and the Contractor
is hereby- amended in the l'ollowing ni ner:
Section 1: The Village and Terracon agree to the extension allowed under secti.ott S of
the Agreement, this agreement is hereby extended and shall aow expire September 30, 2028.
Section 2. pursuant to section 2,9 Additional Locat c)txs or Facilities the Village and
Tcrracon agree to ad the fallowing service areas to the e\islilIg services contract: Constitution
Park, Village Commun itv Center, Village Water Plant, and Village Well Sites. Pricing for these
areas is detailed in Exhibits R-E attached hcretc.).
Section 3; ,All other- Sections and recitals of the October 15c, 2019, Aqxeement sha11
remain in full force and eilect.
Section 3; This Second Addendum ,ball be attached to the curreni Agrcernent;end
shall become a part thereof.
IN WITNESS' HERE] OF, the Contractor and the Village have signed and exectited
this Second Addend uni with an effeetive data as noted above.
By:
Page 1 of 2
Page 519 of 537
Agenda Item #19.
A.TTF ST:
Lori McWilliains, MMC
Viilagc Clerk
Page 2 of 2
(C;ckiporatc Seal)
VILLAGE OF T'FQUFSTA
By: Malty Votm& Mayor
(scal)
Page 520 of 537
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