Loading...
HomeMy WebLinkAboutAgreement_General_1/9/2025_Wynn & Sons, Inc. VILLAGE OF TEQUESTA Pt AMENDMENT TO THE AGREEMENT FOR PATHWAY AND MINOR CONSTRUCTION SERVICES,WITH WYNN& SONS ENVIROMENTAL CONSTRUCTION CO INC. THIS FIRST AMENDMENT, made and entered into this q day ofJ&A- 2024, effective immediately, by and between the Village of Tequesta, Florida,a municipal corporation organized and existing in accordance with the laws of the State of Florida with offices located at 345 Tequesta Drive,Tequesta, Florida 33469, hereinafter referred to as the "Village",and Wynn & Sons Environmental Construction Co., INC.,a Florida Corporation, with principal offices located at 7268 Belvedere Road, Vest Palm Beach, FL 33411,hereinafter referred to as the "Contractor" (and collectively the "Parties"), both of whom agree that the current Agreement for Pathway& Minor Construction Services(hereinafter the "Agreement"). made and entered into by the Village and the Contractor on the I l to day of May 2023 is hereby amended in the following manner: SECTION 1. The original agreement attached hereto as Exhibit A is hereby extended for a period of 18 months the final available renewal term and shall now expire on March 141', 2026. SECTION 2. All Articles and paragraphs of the Agreement which are not specifically mentioned in this Amendment remain in full force and effect. WHEREFORE,the parties have set their authorized signatures on the dates set forth next to each. O F F ATTEST: ,vQPGO� R,gT G ,VILLAGE OF TEQUESTA (� `_'• SEAL D= BY: IN PORATED:` I3Y: Printed Name: . 4 1g �OQ','°Title: -N �� OF FI OF'.., Date: A•1 , ATTEST: WYNN &SONS ENVIRONMENTAL CONSTRUCTION C ,INC. BY: BY: Printed Name: ,,,.v,; t Syr Title: Date: ' 1 PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, 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, 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,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 term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT lmcwilliams@teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 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. "The Village of Tequesta strives to be an inclusive environment.As such, it is the Village's policy to comply with the requirements of Title 11 of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [agreement/bid documents and specifications]are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement/bid documents and specifications], from Contractor, including files,images,graphics,text, audio,video,and multimedia,shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AN% published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." EX. A VILLAGE OF TEQUESTA AGREEMENT FOR PATHWAY AND MINOR CONSTRUCTION SERVICES THIS AGREEMENT for pathway and minor construction services is entered into and effective this � day of May . 2023. by and between the VILLAGE OF TEQUES1'A, a Florida municipal corporation with offices located at 345 Tequesta Drive, T'equesta,Florida 33469,organi7Ed and existing in accordance with the laws of the State of Florida, hereinafter '-the Village'; and W rnn & Sons Environmental Construction Co., INC., a Florida corporation,with offices located at 7268 Belvedere Road,west Palm Beach.FL 33411,hereinafter "the Contractor',and collectively with the Village,"the Partice'. 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 paths+-ay and minor construction services at the unit prices described in the Palm Beach County awarded through Palm Beach County Pathway&Minor Construction Continuing Services Contact ProjectBid No. 2022063. Said contract, including its terms, conditions, specifications, and attached exhibitslamendments. are hereby fully incorporated into this Agreement and attached hereto as Exhibit"A". 2. COMPENSATION: In consideration for the above Scope of Services, 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 pay the Page I of 9 Contmjor at the unit pri s as described in Exhibit"A".The goods or rviccs shall b4 delivered on a per-canter lsw is in a tine. manner, .and location acceptable to the tillage tale Verfurmance Dat .. X Cj jM 0RDF tS: Seller is aware that price and time mrr+rafthe cssence it'th6contract atul that prompt and tintely pedotmance of all such obligations is strictly° tcquircd.if cmditiOils change drat c ould require an increase in price.scope.or time for perfonttanx Seller must nutity the Vill c in writin.,detailing the conditi(ats that have changed and re4uasting a change ordcrto iltc contract tiN ithin 50 days prior tot the perfortttance Jac"Change Order lk kllinC.Change orders submitted;►fter the change order deadline mill not N:eon_,iJ.:red.Scher shad not proceed with any change to its ublig tiuus under a change order request unless documented in a Change Order executed- by huh Panics. if Selicr requests a change order prier to the ctu►nge order deadline Village at its discretion may accept the change order as 6 or with mfodilicatioms.deny the change ord.:r.. re-oil cn6e and re-solicit err«tiiders for the required goods or s nices or terminate this contrast, if the: Viligc elms. to rc-odvertise and rr solicit the to ul fits gouts or services,, the Vill %\ill ha%c at)days":Solicitaticm Perimi"in which to accept the;contemplated change order or terminate tlus contract. At any tinte uftcr execution or this Agreentent but piker to Seller's deli:ety of the Uwd4,site pillage reurr"es the right at its discrction to c-aangc,modiil.m ise add, c+r rcnw%e asty P ��f its order for a+Civitds:+a cicscribcd by this Agrs;emcnt and any r�.%hibits,it :applicable.Iran) such change to the Villagc's order cauws an increase or decrease its t1i cost or the G<%xls►zr Causes-a cluwgc in the time required for delivery of the Clouds, the l illage shall nuke~ wi equitable udjustnicia in the contract price-,the delivery schedule, or tells,Any change to the: \111a 's order for the Clouds and any, subticqucnt equitable adjustnwilt to the terms of this Agrei-ment shall he cifectuated through a t\ritten Aniendownt to this Agreement as executed kv tvih Parties pursuant to Section 1 SA of this greetuent. 4.`1"E1 NI;`l' a ilNATION--NOTICE: Pursuant to the l;elm Bcach County Pathway.ft Xlimw Constru"ion Continuing,$er♦'ices Conuact l'roject'Rid No.202�#lf►�,ttt�'�►riginal ct�rttr tct term will expire on Septcmher 14"'. 2024. With an option t<► renew up to a maxinmuni or 18 ;additional months.This,'agreement may h.;terminawl by either party ulxin�O 4vs tvitten notice W the +outer part}. Notice shall he considcrod sufficient «fien sent by certified snail or hand. delirercd t+:rYlte l';trtie during rcgttl:►r hu.ine�4 hc►urs;tt tlx�fcall.�►�ing aaadressr.; Page 2 of ti Village COWI-AdOr Villap:of Tequcsta j XV,%-nn&Sons Environmental .345'requesta Drive Construction CO.,INC. 1equesta,FL 3'469-0273 7268 Belvedcre Flood 'Utn.Doug cluunber"o-Public Works Dept. \Wcst Palm teach. Ft.33411 1 Aun:Daniel P.\Vvmn,President 5. 1 jN f worknian's colnIX-tis.-Stion g Mll�,&E; The contractor sW providc pr,x)r o insurance unJ liability insunuice in such amounts as are specified in ExhiWit"A"and shill narne the\111age as an'-adiditional insures!"on Or liability portion of the inswancc policy. 6. INDE .v WNIFICATION'. 'I he Contractor shall at all times indemnify ciciend and litili harnitess the Village,iLs,agcnts,secs ants,and employees,trom wW against ally claim.Jc1luintl or cause of action of whatsoever kind or nature:,, aii-4ne out or craw, otnissioil, negligent act. conduct.or misconduct ofthe Contracior,its agents,servants,or cniployces in the perfom=cc Of services under this Agre-ement. Noilling contained in this provision shall be construe oi interpreted as cons,:nt t-y the WhAge to be su,4 nor ab a tauter of sovereign imnliulity beyond the waiver provided in Section 76818,Elarhhj Siarmes, 7. PUBLIC ENTITIF-S QUAILS-ACM- As provided in Scctions 297.132-131, bN entcring into this A-grcemcni or perfornling any♦wrk- in furtherance herwil'. IbL Contracun certifies that it, its affiliates, suppliers. subcontractors and consultant-, xkho %kill perform hereunder. have not Ix-cn placed on the com hacd v.cn&)r list nuintained by the State of I'lofida Dcpattment ofManagemcni ServicesMthin thirty-sir(36)month i irnmediate1% prccWing the d;il,:hcrcoE 13ii,.-;notice is re-quircd In Section 287,1330'01),Elorida.Ralules. 1'\1l)FPFA'9V\'.r )NI'K, (,"t 0M. It is SNcifically understwd that dw Contractor is an h0epciilvilt contractor and not an eniployev of the XljlWo. Both the Village and the Cotitractor agree Uut this Agrccnwnt is not a contract for eniployrnent and that no reladonship ol-etllplovee-cftlplo�ver or Prind.pal-Wnt is or shall be created hereby.nor shift heroaftor exist by, reawn oftlic Pefformance of tile servicei krein providW, 9. 1,\SPE(-I*OR(.FNERAL-. Pursuant to Sections 14212432ortfic flain,I3eal.11 County Code of the (,)Ifice (if thy: Inspector Generit Im.;jur6diction to in municipal matters,re%iev, :and audit niunicipul contracLs,aliti uther transactions,and wAv ref arts and reconinlendations io municii-W governing Ix),lies based vil such uudita. rcvicw , or Page 3 of a investigations.Ali partics Joing businm►►ith the Village shall fully cooperalc with the insNctor general iri die exercise, or the inspector general's runcticitts,authority, and iv%ver. `I h,: inspector general has the po"cr to take m%om statements. mNxiire the production of records, and ti, audit, mcrtitor,investigate and inspect,the actin ities of the tiillage,as well as contrict(WIs and lobbyists of the M114v in order to detcet. deter, parent, and erddicate fraud, ►►ante, ittistttut;�t:uaent, misconduct.and a huw:,. Ill. r-VERIF V LLIGIBILITY: Re Contmctor warrants aW rywrci mi that it is in c°+;mpliam:c vkiih Scction 448.095. as, ma,y be amcnded. \No dater than Jar:u:M. 1, 2021, the Contractor shill. t t i Wgister %6th and usse the l Veriry S)atcm (E-Verily.go%j to rts�ariitiicsdily ►rii±y the employment eligihility of all newly hired d w- rkers,nitro(2)xcril`Hurl all of the Qmitr:u:tor's subcunsult,tit1; perforuiin6 the duties and obligations of this A ITCCU`%Cnt are rcgLster`d with said use,,the H-Vern} + stem icy clwronicall} verily the cinplt,'wt•ment eligibility of all ncuh hired ► orkers.The Contractor shall obtain kom each of its suFr-cr,n:uiwnts an ailiJavit stating thm the;sub-consulLant dok-not empltit.c,immt with,or subcontract with an l lnauthorirt d Alicn.as that term is dcfitwd in Section 44.(.N-5 ihl),Florida Statutes. s may he-amended. Tlie Contractor. shall maintain a copy of:an% such aflidmit.ftom n sub-cousult:uit for,at a niNittmum. tlic.Juration.0 the subc:nitr ct,and atiy extension thereof. This precision shall alit :milvisedc:my provision of ibis Agreenient which requires a hmg-cr rctmion period.'The Mllagc sliall terminate this Agreenumi it it has a;good fdit.h Mier that the Contractor has kntm ini:l� violated :4cctic,tl 441.090),f7orida Stcanite., as may be arixndcd.if the Contractor has a gk,4,kl faith belief that the Conimsctor's suhconsuitant has knee►►ingLy vialatcd Section 448, (l ).1•Ytiri:lrr Stattat-v as ntuti b amen, ied, the Village,shall notil;v the C ontrictur to terminate its contract ►aitli the sull-con.,uh rrt and the Contractor shill immcdiatelw terrnimite it Contract t#.ith ttic:cub-cmiwitant, in the event ofsuch contm:t trnoiitation,the C<)ntractk►r shill be liable rat an any aWilional vo!,s imurred by tlw Viltam u.�a result cif the termitidon. 11. For Cutttracts under SINI, the Contractor certifies that it is not on the Scrutinizcd Companies that o)Cott 1srtel l-isl created pursuant to Section 215.4725,1/ot°Isla S1aaa ies and that it is net enraged in a boycott A&Israel. 'The Villav May terminate this Agreement at die Village's option if the C ontrwtor in tound to hive submittcd a istse certification as prii►idc d tutdcrticm 2 1.l 3 ( ), uriila, tatiit��s, it rite C,�iicrict<�r is been placcj on thk Srmtiniz"I cumixinics that Bo,vealt 1sraol h,t created pursu.uit to Section .215.4725,Florithr Panties,or if Contractor is imaged in a her)-colt of Israel.For Contracts over Sl M.the Contractor ccrtil'ua that it is not on the Scrutinized Companies t%wth ActiOies in Sudan I.i.et� the Scnttinitrd Companics,%%ith Activities in the Iran Ntrulcun► Ctter&r &x-tor Ust.of the: Scriutini7ed Companies duct W)%,cou Israel list created pursuant to Section 215.4725. 1.7a>ricltr kanues.The Contractor funkier cenifits that it is not enoagcd in a bob Cott of Ism"]and that it tdOO not hme business operatiorm in Cuba tat Syria, us similarl% pro%ided in Suction 287.135,Florldo cStalules. The Vill gic may tenninatc this Agreenicnt:at the lily :ems option if dx Contractor is luund to have submitted a talk certification as pro%idcd under Netiott 237.135(5), Floridd ,%maex or if tit,:Contractor has been placed on one of*v.-:aforememi ined lists c'rcated pursuant to Section 215.4725.f•7(+rirlcr.Srcurrtc s.Additionally,the Viilage may terminate this Agreemcnl at the. Village's option if the C onirs or is engaged in a boycott of Issacl tit has brwt cnbal;W in husiness opeminns in(:`uha of S)ria,as defined in Section 297.135,Florida Stalurr s. 12. A 10ILN1~N"N VELS• In the event.u dispute ejse:,corucriting this Agrecincnt, ,he pre%ailing party shall Ix-awarded auorney's fees,including fcs,►n appeal. 13. FORC>h NL4,JELW: 11w Contractor shall tat 1x►on_.idcrcd in default b. reason Oi":,,1% failure in perforntance under ifsuch faulure arises out(if c luau tca-minably hek and the control of the Conir actor or its subcontractors and -*Ohtxtt their fault tit nt:gligence. Such causes include. but are not linaitt:d to: acts of GM: acts of%%w. natural or public health rtntirgcncies; labor disputm; frcight crnt>vgoes; Lind abnonnaily .se%cre .anal unusual weather conditions. 14. fJ401CV.OL 1.AW;VV.NUE:: `I his Agre4anent shall be gaccincd U11d %Ant,btrucd in accordance with the taws of the State of Florida,and cc:nue shall be in Palm Beach Counly Nh,,uld an, dispute arise:with regard to this Agretau4nt. B. AAIIENMENT'S & ASS1C This Nwrcoment, all 1---W fits attached h-;rctu,and requirt:J insurance certificatet;constitute lhr entire Agreement twiween both partirs: no moditieatian.;shall ik nutdt to this Agreement unless in writing.agreed to by both and am heed hereto as an addendum to this 1lgreement�"I he t'�►nti-actor shall not trap rcr or us ign die provision o .slit iocs called fi r in this Agreement% ithuut prior written►:u sent of Ili,%village. 16. 1't=HU C. HPC ORDti. In aecotia ce m ith Sc,` ti.ut 110.0701..J' fid.I S14.11.11te.,.the C ontractormust keep and maintain this Agreement andam`other record :essocialed t}a-rt•%4ith and that t%:as-r►c:iateil tidth the perflrnianc a of the: cst►rk descrihea tit the Scope of Smices. t pon r a—w 5 Ors request from the Villagc"s custodian of public records. the Conttutor meat pro%ide the V114C i%ith copies of rcN.Iucsted records. or allow such t c ords it, tx inspected or copied, within a rcasonable time in of Chapter 119.Horida Sturutes. A Contractor«Ito fails tra pro,ide the public records to the Village.or fails to make them ac':ulabl; for inspection or copying, uithin a reasonable time may be subject to atu,mey's fees and cots pumsmm to Sec:tiom 11 rr.i:1M.r1twhla Ntiautes,and outer lvnuilti+s under Section 119.10,Florh1a ,,taiute.c Further.elf(: Contractor shall encore that any vxempt or confidential rceurds associated with this Agr"mcnt or:wuei ucd cvilh the performanccoft e Aarl:described in Scopc ofScmices are not di�+:lo ed e,\,:cpt as authuritc^d b% late for the duration ofthc Agreement terra,and lollowing c outpletion eye"the Agrec;ment if the C ontra4ur does net,tr n-fct the rccurds to the Village,finall., upon completion of the Agreement, the Contractor shall tnmsfer, at no oast to the villave. all public records in 1xiso".siren of the Contractor,or keep and maint:dio public records required b\ the Villarc-. lt' the Contractor transfers all rublic records, h) the Vill4s: upon completion of the Agreement, tltc Contractor shall deatrkj an% duplicate public recor&; that are exempt or confidential;utd sumpt tiwn public records disclo ure rcyuirenumis.If the Contractor kcc-►s land maintains public r,.ct)rd_,* upon complct"►on of the Agreement, the Comrac"tor shad meet all applicable requirements for retaining,public records.Xccords that are stored cleetronical1% mint K,prat idc:d to the Village,upt►n request from the Village's cuslodi2n ofpublie records,in a li,rnial that:is compatible with the Village's inforviation whtuilpvg) ;:)'arms. IF THE: CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLOR.IDA STATUTES, TO THE CO1X 'RA(*TOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING 1-0 THIS AGREEMENT,, PL1:,'i,SE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 76h-0685, OR AT Irttcr�itti:tttt�'ir`t�clttc;at;t.car;;, OR AT345 TEQUESTA DRIVE, T.EQUEST,A, IR L()ttIDA 33469. 17. JJEADING S. The; headings contained in this Agreement are providc.l for c0liveniencc onlY and shall not N- considered in construi%-, inicTprttins! or"fore in this .14t:reCmrnt. tat. ISFVERAt',tt.t t'l': I h%: inc1ulidit; car utt,:tttuic,ability of ai►� p�oaisi<.,tt of this Pjg4:6 R A r►rament shall not afica the validit% or enforccabilih or an% other Provision of this Agreement and this Agreement shall be construed and cnforced in all respects as if the invjbd or unenTorccable rmwision is not contained herein. 19. WAIVER; \o waiver h% the Village of any proOs on of this Agreement shall be deemed to be a waiver of an) tether prof isiuns haeof or of an% subs::yuent breach by the Contractor of the : nic. or an% other provision or die enforcement hereof: 'Pic Vill.19c's consent to or approval of any azt requiring the Village's consent or appr al,ofan� act I y the Contractor sl►dl not be thmuc.l to rcu►3er uiutecessary tlm obtaining of the Vil lage's consent Io or approval, of any aubscaucnt wnsent vt appro%�d of, whedicr or not tiimilar to the reel So C011sitlted or approved. 20. ENTIRE st*.(:REFAIENT: `Ibis eight Me Agreemeni. including aj;\ 1; hlbits. constitutes the entire agreement hety%ccn the parties, no modification shall Lx: made to this Agmvment wdess such m=►diticatu►n is in ATiU11-10.agreed to bN N)th pasties and attached hereto as -in aJcicndunl to ihi gr4tttxnt. In the e%etlt ►,I*Aconflict,lxt��rGn this anJ wil ether dtkunwat. ,J-vument shall rrevail, 22. At .1.110101 N TO OI31..IG-ti Ft: Each person signin� this ahrecinent (in befall ofeither Parttr uarraw,th t hc or she fia. ;hc lull le l rK)w-rr to execute this;%relnlcnt on W-ialf a;*the Party firr %hom he or she is molting and Bind and obligitc such party with, resix--cl to all pro i 6ions contained in this agwanc ut. 1':►g�7 ors IN WITNESS WHEREOF,the panics hereto have executed thi .�gr«mcntonthe date and;car lirst A)%c witten- WITNLSSES: Wyna & Sons Favironmental Construction Co., Inc. tV 11): Daniel ne,Prcsil ra (Corr-Imle Seat) VI LLAGE OF TEQVLSI A un A,11 LOST. 4 0 0 Opp "ffi