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HomeMy WebLinkAboutAgreement_General_12/11/2025_Armor Courts VILLAGE OF TEQUEST AGREEMENT FOR RESURFACING SERVICES THIS AGREEMENT FOR RESURFACING SERVICES is entered into and effective this 19 day of November 2025 (the"Effective Date"),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 Armor Courts,LLC,a Florida corporation with offices located at 3477 High Ridge Road,#2- 23,Boynton Beach, FL 33426 hereinafter the"Contractor"and collectively with the Village,the"Parties". W ITNESSETH 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 WORK: Contractor shall perform all necessary construction services, shall procure, order, and furnish all of the required materials, labor,and equipment,and shall construct, install,and complete all of the work called for and described in the contract documents as"Exhibit A"pursuant to all applicable statutory,licensing,and Village code requirements. 2. COMPENSATION: In consideration for the above Scope of Services,pricing shall be pursuant to the prices provided in the quotation found in Exhibit"A".Compensation for this project will be LUMP SUM pursuant to section A. In consideration of the above Scope of Services and pursuant to any Exhibits, if applicable, the Village shall pay the Contractor a total amount not to exceed(S70,685.00). A. LUMP SUM: When contractor considers the entire work ready for its intended use Contractor shall notify the Village in writing that the entire work is substantially complete, request final payment,and that the Village issue a certificate of completion. If the Village considers the work substantially complete, Village will issue to Contractor a certificate of completion.If the Village disagrees,the Village shall provide a punch list of items to be completed or corrected before final payment. Village shall pay the resulting balance due to the contractor within 45 days of Village's issuance of the certificate of substantial completion and application for payment from the Engineer B. DEFAULT/WAIVER: Any payment due hereunder may be withheld by Village upon evidence of default by Contractor in the performance of any its obligations under this agreement.Any payment made hereunder,before acceptance of the entire project,will not be construed as evidence of acceptance of any part of the work. The contractor's acceptance of final payment will constitute a waiver of all claims. 3. WRITTEN AUTHORIZATION REOU IRED:The Contractor shall not make changes to the Scope of Work or perform any additional services or provide any additional material under this agreement without first obtaining written authorization from the Village for such additional services or materials. Additional services or materials provided without written authorization shall be done at the Contractor's sole risk and without payment from Village. 4. WORK CONDITIONS: Contractor warrants that is has received and has had an opportunity to examine copies of associated bid documents and other descriptive data provided for the project and has fully acquainted itself with all the conditions relevant to the work to be performed,including the work site,and assumes the risk of any variances between the Page 1 of 10 actual conditions relevant to the work and the same as shown or represented in the bid documents; that it has made all necessary investigations of the project/site essential to a full understanding of the site conditions and any challenges which may be encountered in performing the work, and bases its conclusions to execute this contract on such investigation, independent of any other information prepared or furnished by the Village or others; and contractor will satisfactorily complete the work in accordance with the provisions of this contract,and will assume full and complete responsibility for such conditions relevant to the work,the site of the work,and all risks in connection therewith. 5. TIME FOR COMPLETION/ DAMAGES: Time is of the essence. The contractor will start the work when provided with a Notice to Proceed by the Village. The contractor agrees that the work will be completed within 42 days of the issuance of the notice to proceed.Village and Contractor recognize that time is of the essence of the agreement and that Village will suffer financial loss if the Work is not completed within the times specified above, plus any extensions therefrom.They also recognize the delays,expenses and difficulties involved in proving in a legal proceeding the actual loss suffered by Village if the Work is not completed on time. Accordingly, instead of requiring any such proof, Village and Contractor agree that as liquidated damages for delay(but not as a penalty)Contract shall pay Village$75.00 for each day that expires after the time specified above for completion. Liquidated damages due to the Village may be deducted from payments due to the Contractor or may be collected from the Contractor or its surety or sureties. 6. TERM: TERMINATION: NOTICE: This agreement terminates upon the completion of all eligible work and payment of all eligible costs in accordance with the contract requirements. This Agreement may be terminated by the Village with or without cause for convenience. If terminated, the contractor will, to the extent directed: stop work immediately; place no further orders or subcontracts for material, labor, services, or facilities; unless otherwise specified.; complete the performance of any work not terminated;and take such other actions as may be necessary or requested by the Village for the protection of the terminated work. If terminated for convenience contractor shall be paid based upon completed and acceptable work executed in accordance with the contract documents prior to the effective date of tennination, expenses sustained prior to the effective date of termination in performing services, and furnishing labor, material, or equipment as required by the contract documents in connection with uncompleted work. Evidence of such costs must be substantiated by the submittal of order forms/price sheets/price schedules and must include the cost to complete each item including the methodology for determining that cost by Contractor. No compensation shall be paid for de-mobilization, take-down, disengagement, wind-down, lost profits or other costs incurred due to termination of this agreement. Notice under this agreement 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 Armor Courts, LLC 345 Tequesta Drive 3477 High Ridge Road Tequesta, FL 33469 Boynton Beach, Florida 33426 Attn: Parks and Recreation Director 7. CHANGE ORDERS: Contractor 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 change that would require an increase in Page 2 of 10 price,scope,or time for performance Contractor must notify the Village in writing detailing the conditions that have changed and requesting a change order to the contract within thirty(30)days prior to the performance date"Change Order Deadline". Change orders submitted after the change order deadline will not be considered. Contractor 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 Contractor 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 goods or services the Village will have thirty(30)days"Solicitation Period" in which to accept the contemplated change order or terminate this contract. At any time after execution of this Agreement but prior to Contractor's delivery of the Goods,the Village reserves the right at its discretion to change,modify,revise add,or remove any part of its order for the Goods as described by this Agreement and any Exhibits, if applicable. If any such change to the Village's order causes an increase or decrease in the project cost or causes a change in the time required for completion of the project, the Village shall make an equitable adjustment in the contract price,the completion schedule,or both. Any change to the Village's scope of work 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. 8. MATERIALS EMPLOYEES AND SUBCONTRACTORS: All materials shall be new, and both workmanship and materials shall be of good quality. Contractor shall, if required by Village, furnish samples or other satisfactory evidence as to the kind and quality of materials as directed by the Village,and all materials thereafter furnished by Contractor shall be in strict accord with such approved samples. The contractor is an independent contractor and will employ only competent,careful,orderly, fully trained,and licensed, and shall at all times enforce strict discipline and good order among its employees and subcontractors. Upon notification by Village that the conduct of any person employed by Contractor,or a subcontractor,is unsatisfactory to Village,Contractorwill immediately remove such person from the project. 9. SUSPENSION OF WORK:at any time and without cause Village may suspend the work or any portion thereof for a period of not more than 90 consecutive days by written notice to Contractor and Engineer.Such notice will fix the date on which work will be resumed. Contractor shall resume the work on the date so fixed.Contractor shall be entitled to an adjustment in the Contract price or an extension of the contract times directly attributable to any such suspension. Any change proposal seeking such adjustments must be submitted no later than 30 days after the date fixed for resumption of work. 10. PERMITS AND REGULATIONS: Before commencing the performance of any work, the Contractor shall procure all necessary pen-nits and licenses for completion of the work,and before and during the progress of work under the contract, give all notices and comply with all laws,ordinances, codes,rules, and regulations of every kind and nature now or hereafter in effect promulgated by any Federal, State, County,or other Governmental authority, including the Village, relating to the performance of work under this contract.The contractor agrees to indemnify Village from liability or penalty which may be imposed by reason of an asserted violation of such laws, ordinances, codes, rules, or regulations. On completion of the work,the Contractor will submit original Certificates of Inspection and Acceptance and of Occupancy if necessary. Page 3 of 10 11. SAFETY: Contractor agrees to protect its own employees and work and its subcontractor's work and be responsible under all circumstances for their condition until the Village's acceptance of the entire project and to protect adjacent property from injury arising out of such work. The contractor agrees to abide by and observe all standards and regulations of the Occupational Safety and Health Administration which are applicable to the work performed. The contractor recognizes the work may involve exposure to toxic and other hazardous substances and the use of potentially dangerous equipment requiring high knowledge and skill levels to operate safely. 12. INSPECTION AND ACCEPTANCE:The Village shall have access to and the right to inspect all material, equipment,and work in the course of construction.The Village shall have the right to reject defective material,equipment, and workmanship,and rejected workmanship shall be satisfactorily replaced with acceptable material and equipment. Final project acceptance by the Village shall be made as promptly as practicable after completion and inspection of all work required hereunder. Acceptance shall be final and conclusive except as regards latent defects, fraud or gross mistakes,or with respect to Village's right under the paragraph entitled"Warranty".Final acceptance shall be evidenced by the Village's certification of completion to the Contractor that all work has been completed, inspected,and accepted by the Village. 13. WARRANTY: A. The Contractor warrants that the work to be performed hereunder, and the materials and equipment to be furnished shall be free from all defects in equipment, material,design or workmanship,shall meet all requirements of this Contract,and shall be suitable for the purpose intended for the period of time required in the RFPIITB/Bid documents. If no time is prescribed within the bid documents then for a period of one(1)year from the date of the Village's final acceptance of the work. During the warranty period, the contractor hereby: (1) indemnifies and holds harmless the Village from and against all loss or damage arising out of or in connection with any such defects,and(2)agrees on notice from the Village to Contractor promptly to remedy and cure any such defect at the sole cost and expense of Contractor as set forth below. B. Upon discovery of any defect within the warranty period provided,the following conditions shall apply: (1)The Village shall furnish written notice to the Contractor of the item or work involved; (2) Within ten(14)days after receipt by the Contractor of Village's notice,Contractor shall provide the following information in writing to the Village: a.acknowledgment of the notification given by the village of the defect; b.the corrective action to be taken by the Contractor to remedy the defect; c.disposition instructions regarding the defective item or work; d.the date that the defective items or work shall be repaired or replaced as required or,with the advance approval of the Village,a proposed price reduction to this contract for the Village's consideration. Page 4 of 10 C. In addition to other rights and remedies provided in this paragraph, all subcontractor's manufacturers' and suppliers' warranties,express or implied,applicable to any material, equipment,parts,property and services furnished under this contract shall be enforced by the contractor for the benefit of the Village and survive acceptance and payment. 12. INSURANCE: The Contractor shall provide proof of workman's compensation insurance and liability insurance in the amounts specified within the RFP/ITB/Bid documents and shall name the Village as an"additional insured"on the liability portion of the insurance policy. If no amounts are specified within the bid documents,then: A.The CONTRACTOR shall maintain,during the life of this Agreement,commercial general liability, including contractual liability insurance in the amount of$1,000,000 per occurrence($2,000,000 aggregate)to protect the Contractor from claims for damages for bodily and personal injury,including wrongful death,as well as from claims of property damages which may arise from any operations under this Agreement, whether such operations be by the Contractor or by anyone directly employed by or contracting with the Contractor. The Contractor shall maintain,during the life of this Agreement,comprehensive automobile liability insurance in the minimum amount of$1,000,000 combined single limit for bodily injury and property damages liability to protect the Contractor from claims for damages for bodily and personal injury,including death,as well as from claims for property damage,which may arise from the ownership,use,or maintenance of owned and non-owned automobiles,including rented automobiles whether such operations be by the Contractor or by anyone directly or indirectly employed by the Contractor.The Contractor shall maintain,during the life of this Agreement, Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. B. SITE CLEANING: Contractor shall at tall times keep the site of the work free fi•om accumulations of waste material or rubbish caused by its employees and subcontractors or the work.At the completion of the work,Contractor shall remove from the site all rubbish,implements and materials and shall leave the site in clean condition. 14. ENVIRONMENTAL PROCEDURES: If, during the course of the work, Contractor encounters or becomes aware of any environmentally related issues, including but not limited to the following,then Contractor shall immediately notify the Village: (1)the release or substantial threat of release of a hazardous substance; (2)the discovery of materials or substances of unknown origin on or under the premises; (3)the discovery of any underground storage tanks. (4)conditions requiring the obtaining of environmental permits for work completion. Contractor shall not take any action in respect of such environmentally related issues without first obtaining the written authorization of the Village or any necessary environmental permits.The contractor shall indemnify and hold harmless the Village from every claim, damage, loss, liability, action, complaint, or suit for bodily injury, sickness, disease, death or damage to property arising out of any breach of its obligations to comply with the foregoing procedures. 15. INDEMNIFICATION: The Contractor shall at all times indemnify,defend and hold harmless the Village,its council members,mayor, officers, employees, agents,and attorneys of, from and against any claim,demand,or cause of Page 5 of 10 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.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 768.29,Florida Statutes. The Contractor's liability hereunder shall include all attorney's fees and costs incurred by the Village in the enforcement of this indemnification provision.The includes claims made by the employees of the Contractor against the Village and the Contractor hereby waives its entitlement,if any,to immunity under Section 440.11,Florida Statutes.The obligations contained in this provision shall survive the termination of this agreement and shall not be limited by the amount of any insurance required to be obtained or maintained under this agreement. 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 Village and, in connection with such defense,shall appoint lead counsel, in each case at the Contractor's expense.The Village shall have the right,at its option,to participate in the defense of any third-party claim,without relieving Contractor of any of its obligations hereunder. If the Contractor assumes control of the defense of any third-party claim in accordance with this paragraph,the Contractor shall obtain the prior written consent of the Village before entering into any settlement of such claim. Notwithstanding anything to the contrary in this section,the Contractor shall not assume or maintain control of the defense of any third party claim,but shall pay the fees of counsel retained by the Village and all expenses,including experts'fee,if (1) an adverse determination with respect to the third party claim would, in the good faith judgement of the Village, be detrimental in any material respect to the Village's reputation;(2)the third party claim seeks an injunction or equitable relief against the Village;or(3)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. It is the specific intent of the parties hereto that the foregoing indemnification complies with Section 725.06,Florida Statutes, as amended. Contractor expressly agrees that it will not claim, and waives any claim, that this indemnification violates Section 725.06,Florida Statutes.Nothing contained in the foregoing indemnification shall be construed as a waiver of any immunity or limitation of liability the Village may have under the doctrine of sovereign immunity or Section 768.28,Florida Statutes. 16. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 297.132-133,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) months immediately preceding the date hereof.This notice is required by Section 287.133(3)(a),Florida Stawles. 17. DISCRIMINATORY VENDOR'S: In accordance with Section 297.134,Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services,may not submit a bid on a contract to provide goods or services to a public entity;may not submit a bid on a contract with a Page 6 of 10 public entity for the construction or repair of a public building or public work;may not submit bids on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier,subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity.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 discriminatory vendor lists maintained by the State of Florida Department of Management Services list.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 VILLAGE may immediately tenminate 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 tern of this Agreement. 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 VILLAGE may immediately terminate this Agreement at its sole option if the CONTRACTOR, or any of its subcontractors are found to have submitted a false certification;or if the CONTRACTOR or any of its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List,or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or are or have been engaged with business operations in Cuba or Syria during the term of this Agreement. is. 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-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 19. INSPECTOR GENERAL:Pursuant to Sections 2-421-2-432 of the Palm Beach County Code of Ordinances, 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. 20. E-VERIFY ELIGIBILITY:The Contractor warrants and represents that it is in compliance with Section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021, the Contractor shall: (1) register with and use the E- Verify System(E-Verify.gov)to electronically verify the employment eligibility of all newly hired workers,and(2)verify that all of the Contractor's subconsultants pertorming the duties and obligations of this Agreement are registered with and use the E-Verify System to electronically verify 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 Unauthorized Alien, as that term is defined in Section 448.095(l)(k), Florida Statures, as may be Page 7 of 10 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 Agreement 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 448.09(t), Florida Stutittes, as may be amended. If the Contractor has a good faith belief that the Contractor's subconsultant has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, the Village shall notify 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 termination, the Contractor shall be liable for any additional costs incurred by the Village as a result of the termination. 21. SCRUTINIZED COMPANIES: 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 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 Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes,or if Contractor is engaged in a boycott of Israel.For Contracts over S 1 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 Statutes. The Contractor further certifies that it is not engaged 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 Stanaes or i f 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. 22. ATTORNEY'S FEES. In the event, a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees,including fees on appeal. 23. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance underthis Agreement ifsuch failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include,but are not limited to:acts of God;acts of war;natural or public health emergencies;labor disputes; freight embargoes;and abnormally severe and unusual weather conditions. 24. CHOICE OF LAW;VENUE: This Agreement 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 Agreement. 25. AMENDMENTS AND ASSIGNMENTS: The Contractor shall not transferor assign the provision of services called for in this Agreement without prior written consent of the Village. Page 8 of 10 26. PUBLIC RECORDS: In accordance with Section 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 Scope of Services. 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 Section 119.0701, 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 provision of services contemplated herein arc 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,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 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 CONTRACT,PLEASE CONTACT THE VILLAGE CLERK,RECORDS CUSTODIAN FOR THE VILLAGE,AT (561) 768-0685, OR AT lMcWiI1i2ms(te(iuesta.or% OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 27. SEVERABILITY:The invalidity or unenforceability of any provision of this 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. 28. 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 any 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. 29. ENTIRE AGREEMENT: This Agreement, along with the bid forms, responses, notice of award, completed bonds,surety and insurance forms,notice to proceed,and associated drawings and scope of work forms constitutes the entire agreement between 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. 30. AUTHORITY TO OBLIGATE: Each person signing this agreement on behalf of either Party individually Page 9 of 10 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 signing and bind and obligate such party with respect to all provisions contained in this agreement. 1 N W I TN ES S W H E R E O F,the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: ARMOR COURTS, LLC 627 By(Print): Pedro Ohregatl (Corporate Seal) VILLAGE OF TEQUESTA Jeremy Allen Digitally signed by Jeremy Allen Date:2025.11.20 08:39:09-05'00' ATTEST: By:Jeremy Allen,Tillage Manager \\\\\11\\1\II I I I I I I!I I I IIIIIlIi//. Lori McWilliams,MMC Village Clerk SEAL '.INCORPORATED Page 10 of 10 LDA- A ODORNCOO�IS Armor Courts, Inc. 3477 H gh RkRA, Road f 3477 High midge Road j Boynton fait, Rr 33426 sal-5 1-� j gz, iri a orccts s.cor j www,.armorcoLrts.com RECIPIENT. Quote • Greg Corbitt Sent on marof,2M 345 Taquesta Dr. Tequesta, FL 33469 Property Tequesta Pic Phone:561-768-0473 Nam Sales; ran Keith Hoersch SERVICE ADDRESS` PAMs ld 2290 County Linea Road Total Tequesta, FL 33469 PRODUCT/ DESCRIPTIONTOTAL Pic kleball Court Re-Color Contractor to supply all material,labor,6 equipment to re-color t $6,925.00 O,.tty((,6w)�,p�Cleball courts)onside the playing area l e including th kitri 9 , ""this scope does not include the outside of the pickleball courts. The cour(s)area to be re-surfaced will be inside the fenced area if fenced. Contractor will clean the court(s)surface by either power washing or sanding the court as required. Grind ridges as required and will treat cracks 1/16 or more with a fortified crack sealer. In areas that are depressed more than 116"in depth on the playing surface we will Mall a fortified court patch binder to help promote water distribution in these areas. After the surface has been prepared contractor vAl install 2 coats of highly textured Plexipave acrylic color coat system.You may choose up to 2 different colors. If no color has been selected below contractor will paint in the same color that currently exists. Inside color Outsiide Color After the color system has been applied contractor with seal and stripe the lines in a highly textured white pant After all surfacing work has been competed contractor will re- install court net(s)and if required sand and repaint the existing net post(s)in the existing color, Thoroughly clean the job site and dLepom of all rested debris, 1 of 2 pages COUBIS Armor Courts, Inc. -�rwt-rwrNw -wao 3477 High Rkige Road j 341t i High Rkige Road J Boynton Beach, Rorida 33426 561-501-088.5 1 guirairi@arrmcourts. t .ar rts.00m Total $6,925.00 Thank you for allowing us the opportunity to prepare this quote.We have included by attachment additional information on the company,and other information that we feel are important to making an informed decision when you select a qualified and reputable contractor to perform the work we have outlined.Anything that hasn't been included in our quote is specifically excluded.Any changes or requests can be requested in your client hub or by contacting our office. By evidence of my signature, I affirm that I have read this quote carefully before signing and having done so and fully agree to be bound by all of the work outlined in the quote.Once the approved work quote is returned to us you will be sent our Contract Terms and Conditions via DocuSign for complete execution. I am authorized to approve and sign this quote as acceptance to the projects scope of work.Any options presented in the work quote will either need to be accepted or rejected so we can finalize the contract details of all of the work to be done on this project. Signature: Date: 8/23/2023 2 of 2 pages