HomeMy WebLinkAboutAgreement_General_4/11/2024_Wynn & Sons Environmental Village of Tequesta
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Agreement Transmittal Form
The Agreement Transmittal form is to be attached to the top of ALL agreements including
agreements that go to Council for approval and agreements you need the manager to sign (under
$75,000).
All documents approved by Council requiring signature(s) should be sent to the Village Clerk's
Office prior to the meeting date. Please be sure to have the signature of the entity you are entering
the agreement with already completed—prior to the Council Meeting and attach "sign here"tabs
where signatures are required.
DEPARTMENT AND STAFF Public Works
CONTACT: Doug Chambers/Janet McCorkle
VENDOR: Wynn & Sons Environmental Construction Company,
Inc.
COUNCIL APPROVAL DATE: April 11, 2024
ORDINANCE/RESOLUTION
NUMBER:
TITLE OF AGREEMENT: Estimate for Capital Roadway Improvement Project in
the Country Club Community
DOLLAR AMOUNT: $740,498.06
AGREEMENT TERM END 04/11/2025
DATE (Required to be filled
in):
NUMBER OF DOCUMENTS 0
TO BE SIGNED:
SPECIAL INSTRUCTIONS
FOR CLERKS'S OFFICE:
WYNN&SONS ENVIRONMENTAL CONSTRUCTION CO.LLC
Estimate
7268 BELVEDERE ROAD
WEST PALM BEACH, FL 33411 US
+1 5185260536
rick.wynnandsons@yahoo.com
ADDRES_ -
VILLAGE OF TEQUESTA- Mr.Doug Chambers
Village of Tequesta Country Club Roadway&Drainage
Improvements
As Per Kimley Horn Drawings Dated November
2023
ESTIMATE# D-"T
9175 02/08/2024
ACTIVITY DESCRIPTIONJOU'IT
Golfview Drive,Bunker Place,Fairview W.,Fairview E.,Fair Place, 0.00
Palmetto Way,Yacht Club Place N of El Portal,Club Place,Golf Place&
View Place
63-020 PORTABLE MILLING MACHINE PER HOUR 87 250.00 21,750.00
63-019 MILL EXISTING ASPHALT PAVEMENT PER 1/2 DAY 19 5,300.00 100,700.00
63-027 SUPERPAVE ASPHALTIC CONCRETE(SP-12.5 TRAFFIC LEVEL C) 2,299 137.50 316,112.50
(>200 TONS)PER TN
63-023 MISC ASPHALT(>50 TONS)(INCL TACK)PER TN-Overbuild, 682 200.00 136,400.00
Leveling&Header Curb Repairs
63-052 ADJUST EXISTING MANHOLE OR INLET PER EACH 10 1,250.00 12,500.00
63-113 CONCRETE FLUSH HEADER CURB PER LF 980 55.00 53,900.00
63-178 TRAFFIC PAINT PER SF 1,120 4.80 5,376.00
63-179 THERMOPLASTIC PAVEMENT MARKING PER SF 1,120 8.50 9,520.00
NIC REFLECTIVE PAVEMENT MARKINGS-STANDARD 184 9.00 1,656.00
Services REFLECTIVE PAVEMENT MARKINGS-FIRE HYDRANT BLUE 34 9.00 306.00
No Sidewalk or Driveway Apron Work Included in this Proposal 0.00
10 Manhole Adjustments Included in this Proposal if Needed
1 BOND 2.5%of Estimate 1 16,455.51 16,455.51
1 CONTINGENCY 10% of Estimate 1 65,822.05 65,822.05
TOTAL
$740,498.06
ATTEST: 1U VILLAGE OF TEQUESTA
DATE: —��- a ` DATE: 4 -IU-;2y
Lori McWilliams, MMC Molly Young, or
Village Clerk
SEAL
INCORRq Ep: D
[VILLAGE SEAL] ,9 .......4
VILLAGE OF TEQUESTA
AGREEMENT FOR PATHWAY AND MINOR CONSTRUCTION SERVICES
THIS AGREEMENT for pathway and minor construction services is entered
into and effective this _[I_ day of May , 2023, by and between the VILLAGE OF
TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,
Tequesta.Florida 33469.organized and existing in accordance with the laws of the State of Florida,
hereinafter ''the Village-; and W6ynn & Sons Environmental Construction Co., INC., a Florida
corporation,with offices located at 7268 Belvedere Road,West Palm Beach.FL 33411,hereinafter
-the Contractoe',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 Agreement
whereby the Contractor shall provide pathway and minor construction continuing services
including.but not limited to.construction and/or resurfacing of pathways,construction of parking
areas, speed humps, traffic separators, miscellaneous concrete works (inlets, manholes, curbing.
etc.)and other minor construction projects as needed by the Village on an as-needed, task work
order basis. The Parties agree to enter into this Agreement and piggyback for the path%v v and
minor construction services at the unit prices described in the Palm Beach County awarded through
Palm Beach County Pathway&Minor Construction Continuing Services Contract ProjectBid No.
2022063. Said contract, including its terms, conditions, specifications, and attached
cxhibits.'amendments. are hereby fully incorporated into this Agreement and attached hereto as
Exhibit"A".
2. COMPENSATION: In consideration for the above Scope of ScrAces. pricing
shall be pursuant to the unit prices provided within the Palm Beach County Contractor's Bid
Tabulation Chart, attached hereto as Exhibit "B". The Parties hereby agree to the Village's
purchase of supplies and/or services in greater or lesser amounts than estimated in the Palm Beach
County Pathway & Minor Construction Continuing Services Contract Project No. 2022063., or
the attached bid tabulation charts as referenced by Exhibits"A" & "B". In consideration for the
above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pad' the
Page 1 of 8
contractor at the unit prices as described in Exhibit-A".The goods or services shall be delivered
on a per-order basis in a time, manner, and location acceptable to the Village the '`Performance
[)ate.-
3. CHANGE ORDERS: Seller is aware that price and time are of the essence in this contract
and that prompt and timely performance of all such obligations is strictly required. if conditions
chwige that could require an increase in price,scope,or time for performance Seller must notith
the Viltaee in writing detailing the conditions that have changed and requesting a change order to
the contract within 30 days prior to the performance date"Change Order DeadlinC.Change orders
submitted after the chance order deadline will not be considered.Seller shall not proceed with any
change to its obligations under a change order request unless documented in a Change. Order
executed by both Parties. if Seller requests a change order prior to the: change order deadline
Village at its discretion may accept the change order as is or with modifications.deny the change
order, re-advertise and re-solicit providers for the required goods or services or terminate this
contract. If the Village elects to re-advertise and re-solicit the need for Moods or services, the
Village will have 3)0 days"Solicitation Period"in which to accept the contemplated change order
or terminate this contract. At any time alter execution of this Agreement but prior to Seller's
delivery of the Goods.the Village resen•es the right at its discretion to change_modify,re%ise add.
or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if
applicable. If ann such change to the Village's order causes an increase or decrease in the cost of
the Goods or causes a change in the time required for delivery of the Goods,the krllage shall make
an equitable adjustment in the contract price, the delivery schedule, or both.Any change to the
Village's order for the (ioods and any subsequent equitable adjustment to the terms of this
Agreement shall be effectuated through a written Amendment to this Agreement as executed by
both Parties pursuant to Section 15. of this Agreement.
4.TERIM;TERMINATION NOTICE: Pursuant to the Palm Beach County Pathway K
Minor Construction Continuing Services Contract Project/Bid No. 2022063. the original contract
term will expire on September 14". 2024. 1\'ith an option to renew up to a maximum of 18
additional months.This Agreement may be terminated by either party upon 30 days written notice
to the other party. Notice shall he considered sufficient when sent by certified mail or hand-
delivered to the Parties durinc regular business hours at the following addresses:
Page 2 of 8
Village Contractor
Village of Tequesta \\ymn&Sons E mironmental
345'recluesta Drive; Construction Co.,INC.
Tequesta,FL 33469-0273 7268 Belvedere Road
Attn: Doug Chambers,Public Works Dept_ West Palm Beach. FF 1.33411
Attn:Daniel P. \KNmn,President
5. INSURANCE: The Contractor shall provide proof of workman*s compensation
insurance and liability insurance in such amounts as are specified in Exhibit"A"and shall name
the Village as an--additional insured-on the liability portion of the insurance policy.
6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and
hold harmless the Village,its agents,servants,and employees,from and against any claim,demand
or cause of action of whatsoever land or nature, arising out of error, omission. negligent act.
conduct.or misconduct of the Contractor;its agents,servants,or employees in the performance of
services under this Agreement. Nothing contained in this provision shall be construed or
interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768_.It.Florida Statute+_
7. PUBLIC ENTITIES CRINIES ACT: As provided in Sections 287.132-133.
Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof.
the Contractor certifies that it, its affiliates. suppliers, subcontractors and consultants who will
perform hereunder.have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within thirty-six(36)month--;immediately preceding-
the date hereof. This notice is required by Section 287.133(3 Xa).Florida S1alutes.
R. 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 agree that this Agreement is not a contract for employment and that no relationship
of employee-emplover or principal-agent is or shall be created hereby.nor shall hereafter exist by
reason of the performance of the services herein provided.
9. INSPECTOR GENERAL: Pursuant to Sections 2-421-2432 ofthe Palm Beach
County Code of Ordinances, the Office of the Inspector General has jurisdiction to investigate
municipal matters,reviem, and audit municipal contracts,and other transactions,and make reports
and recommendations to municipal governing bodies based on such audits. rc%icws, or
Page 3 of 8
investigations.All parties doing business%kith the Village shall sully'cooperate with the inspector
general in the exercise of the inspector general's functions, authority, and power. The inspector
s metal 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.
10. E-VE RiFV ELIGIBILITY: The Contractor warrants and represents that it is in
compliance with Section 448.095. FloridaStatwes.as may be amended.No later than January 1,
2021, the Contractor shall: (t) register with and use the E-Verify System (E-Verifyxov) to
electronically veri& the employment eligibility of all newly hired workers,and(2)verify that all
of the Contractor's subconsultants performing the duties and obligations of this Agreement are
registered with and use:the E-Verify System to electronically verity the employment eligibility of
all newly hired workers.The Contractor shall obtain from each of its sub-consultants an affidavit
stating that the sub-consultant does not employ.contract with,or subcontract with an 1 Jnauthorized
Alien,as that term is defined in Section 448.095(I xk).Florida Stattues.as may be amended. The
Contractor shall maintain a copy of any such affidavit from a sub-consultant for,at a minimum.
the duration of the subcontract and any extension thereof. This provision shall not supersede any
provision of this rgreement which requires a longer retention period. The Village shall terminate
this Agreement if it has a good faith belief that the Contractor has knowingly violated Section
44- 8.09(1),Florida Statutes, as may be amended. If the Contractor has a good faith belief that the
Contractors subconsultant has knowingly violated Section 448.09(i),Florida Statutes,as may be
amended, the Village shall notith° the Contractor to terminate its contract with the sub-consultant
and the Contractor shall immediately terminate its contract with the sub-consultant. in the event
of such contract tcnnination,the Contractor shall be liable for any additional costs incurred by the
Village as a result of the tenninstion.
Il. SCRUTINIZED CONWAltiIES: For Contracts under SiM, the Contractor
certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725,Florida Statutes and that it is not engaged in a boycott of Israel. The Village
may terminate this A ement at the Village's option if the Contractor is found to have submitted
a false certification as provided under Section '_87.135(5), Florida Statutes. if the Contractor has
been rinccd ,n the Scrutinized Companies that Boycott Israel List created pursuant to Section
Page 4 of 8
215.4725.Florida Statutes,or if Contractor is engaged in a box coil of Israel. For Contracts over
Si M.the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan
List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. or the
Scrutinized Companies that Boycott Israel list created pursuant to Section 215.4725, Florida
Slatlttes.The Contractor further certifies that it is not erigagcd in a boycott of Israel and that it does
not have business operations in Cuba or Syria,as similarly provided in Section 287.135.Florida
Statutes. The Village may terminate this Agreement at the Village's option if the;Contractor is
found to have submitted a false certification as provided under Section 287.135(5), Florida
Statrutes or if the Contractor has been placed on one of the aforementioned lists created pursuant
to Section 215.4725,Florida Statutes. Additionally,the Village may terminate this Agreement at
the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in
business operations in Cuba or Syria,as defined in Section 287.135,Florida Statutes.
12. ATTORNEV'S FEES: In the event.a dispute arises concerning this Agreement.
the prevailing party shall be awarded attorney's fees,including fees on appeal.
13. FORCE MAJEURE: 'Ihe Contractor shall not 1x:considered in default by reason
of any failure in performance under this Agreement if such failure arises out of causes reasonably
beyond the control of the Contractor or its subcontractors and %ithout their fault or negligence.
Such causes include. but are not limited to: acts of God: acts of%W; natural or public health
emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather
conditions.
14. CHOICE OF I.AW; VENUE: This Agreement shall be governed and construed
in accordance with the laws of the State of Florida, and %,enue shall be in Palm Beach County
should any dispute arise with regard to this Agreement.
15. ARIENDMENTS & ASSIGNMENTS: This Agreement, all (:ihibits attached
hereto,and required insurance certificates constitute the entire Agreement between both parties:
no modifications shall be made to this Agreement unless in writing,agreed to by both parties,and
attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the
provision of services called for in this Agreement without prior written consent of the Village.
16. PUBLIC RECORDS: 1n accordance with Section 119.0701.Florida Statutes.the
Contractor must keep and maintain this Agreement and any other records associated therewith and
that are acvxiated with the: performance of the work described in the Scope of Services. Upon
Piigc 5 of 8
request from the Village's custodian of public records, the Contractor must provide the Village
with copies of requested records, or alloy such records to be inspected or copied, within a
reasonable time in accordance.,6tith access and cost requirements of Chapter 119.Florida Statutes.
A Contractor%vho fails to provide the public records to the Village,or fails to make them availabile
for inspection or coping, within a reasonable time may be subject to attome}•'s fees and costs
pursuant to Section l 19.0701,Florida Statutes,and other penalties under Section 119.10.Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated
with this Agreement or associated with the performance of the work described in Scope of Services
arc not disclosed except as authorized by law for the duration ofthe Agreement term,and fol lowing
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 shalt 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 dk Agreement. the Contractor shall meet all
applicable requirements for retaining pubic records. Records that are stored electronically must
be provided to the Village,upon request from the Village's custodian ofpublic 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 t'ILLAGE CLERK,
RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 76K-065-5, OR AT
lmer4•illiams'a tecluesta.or., OR AT 345 TEQUESTA DRIVE. TEQUESTA,
FLORIDA 33469.
17. HEADINGS: The headings contained in this Agreement are provided for
convenience only and shall not be considered in construing, interpreting or enforcing this
A2reemz nt.
Its SL% E:1•t_AE;lLI 1 1 : I he invalidity or unenforecability of'any provision of this
Pa-c 6 of 8
Agreement shall not affect the validity or enforceability or any other provision of this
Agreement and this Agreement shall be construed and enforced in all respects as if the invalid
or unenforceable provision is not contained herein.
19. WAIVER: No waiver by the Village of any provision of this Agreement shall
be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the
Contractor of the same, or an) other provision or the enforcement hereof. The Village's
consent to or approval of any act requiring the Village's consent or approval of any act by the
Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to
or approval of any subsequent consent or approval of, whether or not similar to the act so
consented or approved.
20. ENTIRE _ GREENILNT. Ibis eight page Agreement. including any Exhibits.
constitutes the entire agreement hetw= the parties: no modification shall be made to this
Agreement unless such modification is in writing,agreed to by both parties and attached hereto as
an addendum to this Agreement. In the event of a conflict between this and any other document.
this document shall prevail.
22. AI TI10R F1 TO OBLIGATE-. Itch person sighing this agreement on behalf
of either Party warrants that he or she has the full legal power to execute this agreement on behalf
of the Party for whom he or she is sighing and bind and obligate such party with respect to all
provisions contained in this agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLA`'Kj
Page 7 of
I N W 1 TN ESS W H E R E U F,the parties hereto have executed this Agreement on the
date and Year fast abo%c%kritten.
WITNESSES: Wynn & Sons Fnvironmental
Construction Co., Inc.
r
liy: Daniel Wyn .President
v
_ (Corporate Seal)
VILLAGE OF TEQUEST A
By: Molly Young, la r
ATTEST:
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(Seat) �''�,ORI'�R,yQG
Lori Mc%%'illiams_ KINK C0R�'p f tD=
IN C
Village Clerk =,ct>�;" OR z
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