HomeMy WebLinkAboutAgreement_General_06/09/2016 (4) VILLAGE OF TEQUE3TA
AGREEMENT FOR INDEMlYIFICATIQN RELATED TC}
ALLEYWAY RESIJRFACING
THIS AGREEMENT FC)R INDEMNIFICATION RELATED TO ALLEYWAY
IZESURFACING, hereinafier "Agreement", is entered inta and effective this _ day of May
2016, by and between the VILLAGE QF TEQUESTA, a Florida municipal carporation with
offices locat�d at 345 Tequesia Drive, Tequesta, Ftorida 33469-0273, hereinafter "the Village";
�nd WINFREE CONTRACT]NG, 1NC., a Flarida corparation �vhose princigal address is
3�4 Cypress Drive, Suite 6, Tequesta, Fiorida 33469, hereinafter "the Contractor" and
collectively with the Village, "the Parti�s".
WITNESSET'H
'The Village and the Contractor, in consideration of the mutual covenants cantained herein
and for other good and valuabie consideration, the receipt and sufficiency of which is hereby
acknowledged by both Parties, hereby agree as follows:
i. ALLEYWAY ItESLTRrACING: The Village hereby autharizes #he Contractor to overiay a
porlion of the alleyway directly east of properky Dacated at 731 U.S. Highway #l, Tequesta,
Fiorida 33469 with a layer of S-III asphalt ta an approximate thickness of one inch
(Resurfacing Worlc). The Gantractor shall be fuliy responsible for obtaining all necessary
permits prior ta commencing any Resurfacing Work. The Contractor shall be fully
responsib(e for maintaining existing drainage flow to existing catch basins during and as a
result of completion af all Resurfacing Work. The Contraetor sha11 complete the Resurfacing
Work pursuant to the pracedures and practices attached hereta as Exhibit "A", which shal( be
a�proved �y the Village's Public ViTorlcs 5uperintendeni prior to the commencement af the
Resurfacing Work. The iocation af the Resurfacing Work is mare particularly described and
tlepicted on the survey document attached hereta as Exhibit "B". It is acknawledged and
agreed that the Resurfacing Work is being performed by the Contractor as part af site plan
work on the property located at 731 U.S. Highway #1, Tequesta, Florida 33469.
2. COMPENSATION: Compensation owed ta the Contractor for performing the Resurfacing
Work, if any, shall be pravided by the owner af the propert}r located at 731 U.S. Highway #1,
Tequesta, Fiorida 33469, or said owner's authorized agent. The Viltage is in no way
CONTRACT FOR GENERAL EtOAOWAY & M4SCELLANEQUS CONSTRUCTION
respansible for providing any compensation of any sort to the Cantractor for the Resurfacing
Work.
3. INSURANCE AND INDEiVINIFICATION: The Contractor shall maintain workman's
compensation insurance and commercia! general liability insurance in amounts deemed
satisfactory to the Village's Pubtic Works Superintendent, and shall name the Viliage as an
additional insured on all liability insurance palicies that apply to the ResurFacing Work. The
Contractor shall at all times indemnify, defend and hold harmless the Village, its agents,
servants, and employees, from and againsi any claim, demand or cause of action of
whatsoever kinti or nature, arising out of any errar, Umission, nealigent act, conduct, or
misconduct of the Cantractor, its agents, servants, or employees in the performance of the
Resurfacing Work.
4. TERMINATION; NOTICE: This Agreement may be terminated Uy the Village or the
Contractor upon thirty (3Q) days written natice to the either the Viilage or Gontracfor. Notice
shall be considered sufficient when sent by certified mail or hand dclivered to the Parties
during regular business hours at the Fotlawing addresses:
As to THE VTLLAGC As to TH� CONTRACTOR
Viliage af Tequesta Winfree Contracting, Inc.,
345 Tequesta Drive 354 Cypress Drive, Suite 6
Tenuesta, T'larida 33469 Tec�uesta, FL 33459
Attn: Patblic YVQrks Super�ntendent ,4ttn: Wl�it Winfree, President
5. INDEPENDENT CC?NTRACTUR: It is specifically understaod that the Contractor is an
independent cantractar and not an empioyee of the Village. Both the Village and the
Cantractar agrees that this Agreement is nat a contract for employment and that no
relationship of employee—emptoyer or principal—agent is ar shat! be creaTed hereby, nor shalI
hereafter exist by reason af the performance af the services herein provided. Rather, this
Agreement is solely for the pttrpase of authorizing tha Contractar ta perform the Resurfacing
Work as specified herein, including Exhibits "A" and "B", and for the provision of
indernnification by the Contractor to thc Village as rclated to said Resurfaeing Work.
6. ATTORNEY'S rEES: I❑ the event a dispute arises concerning this Agreement, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
Page 2 of 4
CONTRACT FOR GGNERAL ROADWAY & N1tSCELLANCOUS CONSTRUCTION
7. CHOICE OF LAl�4'; V�N[JE: 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
shouid any dispute arise with regard to this Contract.
'�. AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and
rec�uired insurance eertificates constihite the entice agreement and understanding between
both Parties; no modificatiofis sha11 be made to this Agreement unless in writing, agreed to
by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shatl
not transfer or assign the services and provision of goods called for in this Agreement
without pnor written consent of the Viilage.
1N WITNCSS WIiEREOF, the parties hereto llave execuled this Contract the date and year
first above ��+ritten.
WITNESSES: WINFREE CON1'itACTING, INC.
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W it Winfree, P sident ����
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r . � , F , �r ��,.1' ��.._ }_. _, (Corporate Seal)
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VTLLAGE OF TEQUESTA
ATTEST: Michpel Couzzo, Vill�ge Manager� �
. ,l�i„h�,�iKUN�����hU/,�,,,,,,,,
.�°'' � Q F T
i�t. ���•C�.t�l.�� � y�G (�Q�}� Q�,°�.
Lori McWi1liams, MMC � � � T �'���
Viltage Clerk ,' S •�--�
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� ': INC ORPpRATEp : �
£ 4ry �� 4' � ;:
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�UNTRACT FOR GENERAL ROADWAY & MISCELLANEaUS CONSTRUCTIQN
,
Pa�;e 4 of 4
Winfree Contracting, Inc.
Public Records: In accordance with Sec. 119.0701, Floricicc Statutes, the Contractor must
keep and maintain this Agreement and any other records associated therewith and that are
assaciated with the performance of the work described in the Scope of Services. Upon request,
the Contractor must provide the public with access to such records in accordance with access and
cost requirements of Chapter 119, Flo��zc�a Statutes. Further, the Contractor shall ensuxe that any
exempt or confidential recards associated with this Agreement or associated with the performance
of #he work described in the Scope of Services are not disclosed except as autharized by law.
Finally, the Cantractor shall retain the records described in this paragraph throughout the
performance of the wark described in the Scope of Services, and at the canclusion of said work,
transfer to the Village, at no cost to the Village, all such recards in the possession af the Cantractor
and destroy any duplicates thereof. Records that are stored electronicaily must be transferred to
the Village in a farmat that is compatible with the Village's information technology systems.
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