HomeMy WebLinkAboutDocumentation_Regular_Tab 07_2/8/2024 Agenda Item #7.
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 08 2024
Staff Contact: Marjorie Craig, Utilities Director Department: Utilities
Consider Approval of Agreement with Titan Construction Management, LLC, to Clean, Prepare, and
Coat (Paint) Two Ground Storage Tanks at the Water Treatment Plant for $58,247 under ITB UTIL1 0-
31-23/NL
SUMMARY:
Utilities Department (UD) recommends approval of a construction contract with Titan
Construction Management, LLC, to clean, prepare, and coat the two ground storage (water) tanks
located at the water treatment plant for a lump sum cost of$52,500 plus a change directive of$5,747,
for a total of$58,247.
The UD has two above-ground water storage tanks located at the water treatment plant that needed
cleaning, prep work, and coating/ painting. The tanks, which are reinforced concrete steel Crom
brand water tanks, require specific preparation and application of a specialized Tnemic coating.
The engineer's opinion of probable cost, by Kimley-Horn, was $60,000 to $70,000. UD advertised
project bidding to the public through DemandStar on November 15, 2023, conducted a non-
mandatory pre-bid meeting on November 30, 2023, and publically opened and read the bids on
December 15, 2023, via Zoom. During the bid process, there were four addenda issued for the bid.
The bids ranged from $52,500 to $247,000, and Titan Construction Management, Inc. was the
apparent low bidder. The bid tab was prepared by UD staff for the twelve bids received and provided
all the information to the engineer, Kimley-Horn. Two of the 12 bidders had incomplete bid packages.
Titan Construction Management (TCM), LLC, was found to be the lowest responsive and responsible
bidder after all documents and references had been reviewed for award. The contract was awarded
to TCM for $52,500, on January 11, 2024. After the bid review, it was determined that the bands
around each tank were supposed to be painted a contrasting color, which was not included in the bid
documents. UD asked TCM to determine a price for the proposed change order.
UD hosted a pre-construction meeting on January 12, 2024, and discussed the change order. TCM
provided a cost of $5,747 to paint both bands near the top of each tank the contrasting color in
Tnemic paint. This change directive was accepted by the engineer and the Village. TCM began work
on Monday, January 15, 2024, and a substantial completion inspection was conducted by Kimley-
Horn and UD staff on January 24, 2024.
Funding for the work authorization will come from the Water Fund under 411 Renewal and
Replacement, Miscellaneous Renewal and Replacement 401-411-549.671, which has $800,000. This
project was anticipated to be awarded during FY23 and was not budgeted for FY24. Because of the
complexity and projected cost of the project which required it to bid via DemandStar, an engineer was
hired to prepare bid documents. This was determined after the completion of the FY24 budget
process.
Page 118 of 590
Agenda Item #7.
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 • - •
BUDGET AMOUNT $0 AMOUNT AVAILABLE EXPENDITURE AMOUNT:
$800,000 $58,247
FUNDING SOURCES: Water Fund IS THIS A PIGGYBACK:
Miscellaneous Renewal and Replacement 401- ❑ Yes 0 N/A
411-549.671
DID YOU OBTAIN 3 QUOTES?
❑ Yes 0 N/A
QUOTE 1 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 2 - BUSINESS NAME N/A QUOTE AMOUNT N/A
QUOTE 3 - BUSINESS NAME N/A QUOTE AMOUNT N/A
COMMENTS/EXPLANATION ON SELECTION Project bid on DemandStar; 12 bidders, 10
complete bids; selected lowest responsible and responsive bidder
24.0109.Water Tanks Clean Paint-Titan Agreement w-VOT-Titan fully executed
2024.02.UD.Titan GST Clean Paint Work Change Directive-FULLY EXECUTED
Page 119 of 590
Agenda Item #7.
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between Village of Tequesta ("Owner") and
Titan Construction Management, LLC ("Contractor").
Owner and Contactor 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 project scope of work consists, in general, of cleaning, painting, and protecting the
Village ofTequesta's two (2)ground storage tanks located at the Tequesta Water Plant. Furnish
all labor, surface preparation and coating material,tools, rigging, lighting,ventilation, and other
related items of equipment and materials necessary to clean, prepare, coat, cure and cleanup a
complete coating system on all exterior exposed items and surfaces th-oughout the project,
except as otherwise specified or shown on the drawings. The scope of work shall include the
coating of existing equipment and surfaces determined by the OWNER. Color shall match existing
or as directed in these specifications. The work includes cleaning and field painting of exposed
ground storage tanks and previously painted venting structures and metal structural components.
No painting of previously unpainted equipment or structures will be required. Clean, prepare,
coat, and cure all surfaces in strict accordance with the manufacturer's published
recommendations and specifications.
ARTICLE 3—ENGINEER
3.01 The part of the Project that pertains to the Work has been designed by Kimlev-Horn.
3.02 The Owner has retained Kimlev-Horn ("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 60 days after the dale when the Contract
Times commence to run as provided in Paragraph 4.01 of the General Conditions, and
00520,Agreement
Page 1 of 11
Page 120 of 590
Agenda Item V.
completed and ready for final payment in accordance with ParagrapV 15.06 of the General
Conditions within 90 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 -hat 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 parlies also recognize the
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 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$500 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 a lump sum of: $_52,500.00.
All specific cash allowances are included in the above price in accordance with Paragraph
13.02 of the General Conditions.
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
00520,Agreement
Page 2 of 11
Page 121 of 590
Agenda Item #7.
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
.he 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
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
o. 90 percent of cost of materials and equipment not incorporated in the Work(with
the balance being retainage).
B. Upor, 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 amourts 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 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
drawings/figures identified in the Contract Documents, with respect to the effect of such
00520,Agreement
Page 3 of 11
Page 122 of 590
Agenda Item V.
information, observations,and documents on (1)the cost, progress,a-id performance of the
Work;(2)the means,methods,techniques,sequences,and procedures of construction to be
emp oyed by Contractor;and (3) Contractor's safety precautions and programs.
E. 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.
F. Contractor is aware of the general nature of work to be performed b,/Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
G. 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.
H. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
I. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractorthat 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(�_o_ _ . ._..
2. Performance bond
3. Payment bond (�_o__ _ __4, -.._.__:__,.
4. General Conditions (pages 1 to 75, inclusive).
5. Supplementary Conditions (pa
6. Specifications as listed in the table of contents of the Project Man gal.
7. Exhibits included in the appendixes as listed in the table of contents of the Project
Manual.
8. Addenda (numbers 1 to 4_, inclusive).
9. 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 th s Article 9.
00520,Agreement
Page 4 of 11
Page 123 of 590
Agenda Item V.
D. The Ccntract 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 wrtten 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 ctier party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements,and obligations contained in the Contract Documents.
10.04 Severabiliry
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 solicitirg of anything 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
rfluence the bidding process or the execution of the Contras to the detriment of
Owner, (b)to establish Bid or Contract prices at artificial non-competitive levels, or (c)
o 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
a-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.
00520,Agreement
Page 5 of 11
Page 124 of 590
Agenda Item V.
10.06 Indemnity
A. The parties recognize that the Contractor is an independent contactor. The Contractor
agrees to assume liability for and indemnify, hold harmless, and cEfend 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 conne:tion with any and all
claims,demands, damages,actions,causes of action, and suits in equity of whatever kind or
natu,e, 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, emp cyees, 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 Ly the Owner in the
enfo,cement 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
prov sion 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 tl-E 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-hird party claim, but
shall pay the fees of counsel retained by the Owner and all expenses, i1duding 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 indemn f cation 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
imm unity 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, a! 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
00520,Agreement
Page 6 of 11
Page 125 of 590
Agenda Item #7.
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,
transa:tions, accounts and records. The Inspector General (IG) has the power to subpoena
witnesses,administer oaths,require the production of records,and mcr itor existing projects
and programs. The Inspector General may, on a random basis, perform audits on all Owner
contracts.
10.09 Public Reeds
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:
u Keep and maintain public records required by the Owner to perforrr the service.
u Uoon request from the Owners's custodian of public records or designee, provide the
Owner wi-h a copy of the requested records or allow the records to be inspected or copied within
a reasonaltle 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 by taw for the duration of
this Contract and following completion of this Contract if the Contractor does not transfer the
records to the Owner.
u Upon completion of this Contract,transfer, at no cost, to the Owne•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 retorts that are exempt or
confident al 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.
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
TEQUES 7 A DRIVE, TEQUESTA, FL 33469.
00520,Agreement
Page 7 of 11
Page 126 of 590
Agenda Item #7.
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
o. Products—Completed Operations Aggregate $2,000,000
_. Personal and Advertising Injury $1,000,000
J. 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 $1,000,000
5. Contractor's Pollution Liability under paragraph 6.03.17 of the Gereral Conditions:
a. Contractors Pollution Liability
1) General Aggregate $2,000,000
2) Each Occurrence $1,000,000
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 Contractors performance under this Agreement including, but not
00520,Agreement
Page 8 of 11
Page 127 of 590
Agenda Item V.
limited to, expenses for sub-contractors,agents or assistants, direct and indirect charges for
work performed and detailed documentation for all such work performed orto 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.
10.18 Damage to Persons or Property
A. The responsibility for all damage to person or property arising out of cr on account of Scope
of Work done under this Contract shall rest upon the Contractor.
00s20,Agreement
Page 9 of 11
Page 128 of 590
Agenda Item V.
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 PROVISIOfJS 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 wi.h 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 i.s 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 Comp31ies 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.
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.
00520,Agreement
Page 10 of 11
Page 129 of 590
Agenda Item #7.
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.
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on January J#,2024(which is the Effective Date SF the Contract).
i
VILLAGE:Village of Tequesta,FL CONTRACTOR�7:Titan C trt tion Management,LLC
Jeremy Allen Digitally signed by Jeremy Allen
y•_ Date:2024.01.110929:48-05'00' By:
Name: Jeremy Allen,Village Manager Name:
&Title &Title�,.+"��� Q{17!/�an''
(Seal) SEAL
2008(Contractor) = °�
•.>
Attest:
The foregoin',,,jnstrurrient .yu�s sworn to (or
Title: affirmed)and subscr1888'b'EPorethis 0� day
Date:
of J alnU rti ?o by
who
is personally know to me or [ ] who has
produced a as
identification and who did/did not take an oath.
(Seal)
Approved NAk Public
as to / / State of Florida .....
Form: / it .� �_ IRENE C.TIRIKOS
Notary Public•State of Florida
Commission B GG 943485
% iCy�e: My Comm.Expires Apr 21,2024
Title: A+s+.Village Atto n 8onced through National Notary Assn.
Address for giving notices: Address forgiving notices: (Contractor)
Village Manager I ;b2.n �'�,�5�y _}��-% L(-•C
345 Tequesta Drive
Tequesta FL,33459 0, ",AV elS` FL �%(to R-?
License No.:
(where applkcble)
00520,Agreement
Page 11 of 11
Page 130 of 590
Agenda Item #7.
Work Change Directive No. 001
Date of Isst.ance: 1/16/2024 Effective Date: 1/182024
Owner: Village of Tequesta Owner's Task Order No.: iTB-N-D. UTiLI0-31-23/NL
Contractor: Titan Construction Management, LLC Contractor's Project No.:
Engineer: Kimley-Horn Engineer's Project No.: 040097051
Project: 1TB-No.UTiL10-31-23/NL-0-2024/NL Contract Name: Exter_or Cleaning, Preparation, and
Exterior Cleaning,Preparation,and Coating of Coati-lil of Ground Storage Tanks
Ground Storage Tanks
Contractor is directed to proceed promptly with the following change(s):
Description:
Paint color for the top band of both tanks was omitted from the bid specs.This change orde-provides for a different
color of Tnemec paint for the top bands and the painting by the contractor.The color of the tanks will be painted Sand
Castle and the top bands/ribbons will be painted Grain Dust—both with Tnemec paint.The Contractor shall coat the
upper band on each of the ground storage tanks (0.75MG and 2MG)with a final coating of Train Dust(143GN, RGB:
199, 184, 44. Band shall match the existing band height on each tank: the top 1.67 ft, of the 0.75 MG tank and the
top 2 ft. of the 2MG tank.
Attachments: [List documents supporting change]
• See proposal by Contractor for work 001
• See justification by engineer for work
by: Marjorie Craig,Director, Utilities Department
Purpose far Work Change Directive:
Directive tc proceed promptly with the Work described herein, prior to agreeing to change3 on Contract Price and
Contract Time, is issued due to: [check one or both of the following] (FIRST ANSWER NCT APPLICABLE, VILLAGE
MANAGER CAN APPROVE SINCE IT IS WITHIN THE PARAMETERS OF PROCUREMENT)
N/A ❑Non-agreement on pricing of proposed change.
YES ❑ Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times (non-binding,preliminary):
Contract Price $ 12,500(original bid price) [increase] [decrease]. INCREASE by$5,747
Contract Time 90 days [increase] [decrease]. NO MODIFICATION ANTICIPATED
Basis of estimated cha-tge in Contract Price: Paint cost plus labor to paint the bands/ribbons a different color
X Lump Sum provided based on paint and labor ❑ Unit Price
❑ Cost of the Work ❑ Other
RECOMI KDED: AUTHORIZED BY: R E D:
Engineer(Authorized Signature) Owner(Authorized Signature) ac or thorized Signature)
Jeremy Allen,Village
Title: Peter Van Sickle,Kimley-Horn Title: Manager Title: Chris M.Stamas
Date: 1/16/2024 Date: President,Titan Civil Construction
(Titan Construction Management,LL
Date: 1/17/2024
Approved by Funding Agency(if applicable) N/A Date:
B :
Title:
C-940,Work Change Directive
Page 1 of 1
Page 131 of 590
Titan Construction Management LLC
1787 S. Pinellas Ave.,Suite 600,Tarpon Springs, FL 34689 (727)330-2729 itirikos(d).titancivil construction.corn
January 15, 2024
Marjorie G. Craig, PE
Director, Utilities Department
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
ITB-NO. UTIL 10-31-23/NL-0-2024/NL
Exterior Cleaning, Preparation, and Coating of Ground Storage Tanks
RE: Two Tone Color Painting
Provide additional coatings to bands at top of both tanks- Color Grain Dust
TOTAL $5,747.00