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Home My WebLink AboutDocumentation_Regular_Tab 11_09/08/2016 RESOLUTION NO. 25-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2015I2016 GENERAL FUND #001 BUDGET BY APPROPRIATING FUND BALANCE IN THE AMOUNT OF $63,108.52 TO FUND ADDITIONAL EXPENDITURES IN THE PUBLIC WORKS DEPARTMENT PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.; WHEREAS,; The Village of Tequesta maintains its right-of -ways and strives to have well maintained roadways for its citizens. WHEREAS,; The Public Works Department has identified the need to repair the roadway on Tequesta Drive from Cypress Drive to Seabrook Road. WHEREAS,; The Village is currently repairing the roadway from Cypress Dr to Mars Avenue, it is beneficial and desirous to complete the repairs to Seabrook Road. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 Resolution No. ZS-16 is hereby approved increasing the Fiscal Year 2015/2016 General Fund #001 Budget by appropriating Fund Balance in the amount of $63,108.52 to fund additional expenditures in the Public Works Department providing for severability; providing an efFective date; and for other purposes. Section 2 This Resolution shall become effective immed�ately upon passage. Village of Tequesta 345 Tequesta Drive 561-7G8-0700 Tequesta, FL 33469 www.tequesta.org q �_ f> ;; �: ,,, TEQUESTA PUBLIC WORILS DEPARTMENT MEMORANDUM To: Michael R. Couzzo, Village Manager From: Douglas M. Chambers, Public Works Superintendent Subject: Tequesta Drive Road Work —Appropriation of Funds Date: August 31, 2016 The attached agenda item addresses the need to appropriate funds for the road work on Tequesta Drive from Seabrook Road to Cypress Drive. Council had previously approved the Contract Terms and Conditions for General Roadwork and Miscellaneous Construction on February 11, 2016 on the Consent Agenda. Milling and Paving will begin September 19, 20l 6. Public Work Funds are available in R&M roads to mill, pave and stripe from Cypress Drive to Mars Avenue. All County Paving has already been issued a Purchase Order in the amount of $79,45939 far the new curbed median and milling and paving from Cypress Dr to Mars Avenue. The appropriation of funds work will allow the road work to continue to Seabrook Road. The additional work also includes milling, paving, traffic loops, striping, reflectors and crosswalks at the intersection of Seabrook Rd and Tequesta Drive. The appropriation of fi►nds will complete the road repairs from Cypress Dr to Seabrook Rd including the intersection and crosswalks at Seabrook Rd and Tequesta Dr. Appropriation of funds: Public Works Department R&M Roads 001-210-546350 Additional Funds required: $63,108.52 Douglas M. Chambcr, Public Works Superintendant Village of Tequesta Vice-Mayox Vince Arena �Zayor AbbS� Brennan Council Member Tom Paterno Council i�Zember Steve Okun Council Member Frank D'Ambra Village �Zanager l��ichael Couzzo ,, � � � ��.:_ � Palm Beach County: U-21491 Broward County: 13-3A•17799•R Callier County: LCC2011000i485 Martin County: MCP5910 Generai Contractor. CGC1509532 �, �,�;Fa; �r �,,,.�,��;�_��:��w�,«�„�.�� , PROPOSAL/CONTRACT S�ptember 1, 2016 Customer NamelAddress: Propertv Location: Attn: Doug Chambers Viliage of Tequesta Village af T�questa 345 Tequesta Drive 345 Tequesta Drive Tequesta, FL 33469 Tequesta, FL 33469 c. 561-768-0482 e. Dcl�arnbers[a�tequesta.orq Work to be performed in the followinq location: Intersection of Tequesta Rd 8� Seabrook Rd � �� Description QTY UNIT ; UNIT $ TOTAL � , � No. ' � _ � T_ . _ _.—_..__ . T____�._ �---� , ------ __.— _..;---- ----- ---a------ 1 Mobilization 1; L!S I $S,OOOAO $5,000.00 % 2 MOT 1 f U $8,000.00 $$,000.00 : ' 12 Mill existing asphalt 6 555 " SY $2.50 $1,387.50 i 19 Type SP 9.5(tons} 40 � TONS $110.00 $4,400.00 � - - - - - _ _ - -- _.. _. ___.__� .�-- - . _. _.__ ____._ ._ .---_._ ._. ..___ . �,__. _ _ . ___ _ __.__._.__._.___..__ _ _ �_ _. _ ; 44 Trafiic Loop 1 US $5,000.�0 $5,000.00 , 61 6" white thermo 172 LF I $0.88 $151.36 j �_�..� __..� __..._ .____�__ _._____ _ ._�._ __. _.__..�___ .. _ _ . _. _ _.. _. .. _: ...... . _ , . _..__._ _.._..__ . _._ _. ____,.._ _ _..._ . _ _ --- -__ 66 12" white thermo � 400 � LF I $1.65 $660.00 ; 74 6" white temporary paint ; 972 ' LF ! $0,33 $320J6 , j j Total $24,919.62 'Car stops break dueing handling. 'Aray broken car stops will 6e replaced at an additiarial cosi o-` 535.00 Each, °New pavement is suseeptible to scuffing and marks until ii has properly cured. 'As asphalt is a petroleum based product the prices are subjectlo change if oil prices increase dramaQcaCty. 'Existing Cracks with vegetation growing should be wrepared with a weed killer such as 'Round Up' fpr several treatments before we arrive on the job. `"Fhe asphalt surface that will 6e placed an th�s pra;ect will not have the flnish and look of a sea4coat application If sealcoat is desired at a later date. we will 6s happy tp quote you separateiy. 'Large cracics ir the ex�sting asphalt may reFlect through the ndw asphalt in time. 'There wil! be a tire 'tracking'-lhis cannot be avoided, but the tracking marks will disappear in time, "Th'rs proposal speci(i�ally exclud�s the acceplance o{ a"Pay when Paid Clause° payment clause 'All Counry shall be provided with suita6le access to the work area. Ir AII Counay's work is dependent upon or must be undertaken in conjunction with the work of others. such work shall be pertormed and completed so as to permii All Courtty to perform its work hereunder in an unir.terrupted single shift operation. Delays to AII County shall be pald at a rate of 5200.00 per half hour. *In the event that any work is done under this agreement as amended, or ary slde agreemenL by All County which work 'rs on public property the (Client(Owner} agrees and understands that the proeect property which it qwns shall be charged with al! irdebtedness hereunder. Page 1 of 2 M8M As�halt Maintenance Inc„ dlbla All Counry Paving Office 561-568-0949 � Fax 561-588-2140 � 1180 5W 10" Street, Oelray Beach, FL 3344A Office 407-610-8069 � Fax 407-380-2401 � 4800 Patch Road, Orlando, FL 32822 infia{e�allcountypaving.com Mem6ers of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, PHBA, APWA, PRISM, NEYRA �FDOT CERTIFIED CONTRACTORS� Note: All Couoty cannot work around vehiclss. Management is responsible for towing when owners fail to camply with paving andJor sea! coat schedule. Propasal # 2016.Q6.15.01.AB �� _ �� -�� Paim Beach County: U-21491 Broward County: 13-3A•17799•R Coilier County: 1CC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 c�� ;��. ., �� 'Any punch list items must be submitted in writing. No repairs wrll be made until 90°io of the invoice amount has been paid. 'TFis contractor cannot guarantee elimination of standi�g water_ 'Job site wil! be barricaded during work. The cont�aoror will not be �esponsible `or persons break�ng through barricades, hacking a` materials o� paint, damages fo cars or persons trespassing in desigr�ated areas. ` Permit, Procurement `ees and any additional work required hy the permit wiil be extra to the contract amount. "This contraator recpmmends a civil engineer be retained for ADA upgrades. As such tl�is contractar makes no claim that ADA upgrades wflf ineet any1a11 facal, state and ferlerat Guidetines or ADA compfiance. 'Due 10 price �IuGuations an material costs, tfiis canvactor reserves the right to withdraw lhe proposai at any time prior to the commencement of work- PROPOSE to furnish labor and material — comptete in accordance with above specitications, and subject to conditions stated herein, for the sum of: T'WENTY FOUR THOUSAND NIN HUNDRED NINETEEN DOLLARS AND SIXTY CENTS WITH PAYMENTS TO BE MADE AS FOLLOWS: Net due upon completion. Not responsible (or any damaqe le undergro��nd util6Ties. A certiticate af Insurance will be issued upon request prior to commencemenv of work AEI County reserves the right to revisit the s�te if time has elapsed trorn ihe �riginai prc�posal to aeceptar�ce. Afl County guarantees the sealer agair5st peeling or tlakmg ofi ei stat�le asphall inr a period of (t) year, excluding norn�al wear 8 tear Ali County guarantees all workmanship and materials for u{� to (1) year, exoludir�q normal wear 8 tear Warranty starts at conclusion of work ar.d is not valid until payment has bean rtrade in (ull. Any addi4ional mobilizations for Sealcoating will be billed ai a rate oi �,1.295 D0 each. Any additional mobilitations for Paviny wilf be bilfed at a rate of $2,450.Q0 each. All malerial is guararteed to be zs specified. ReflecGve Pavement Markere are excluded irom the warranty. Any addif�onal reflective pavement markers that are required by khe city code will be an additional charge of S10.00 each to the contract amount. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation fwm above specifications imolvmg e�ctra costs, will be executed only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyand aur control. pue to the ?lucfuadions fn the petroleum markets, AII County reserves the right to impose a fuel surcharge. Owner [o carry fire tamado and other necessary insurance upon above work. bur workers are r,overed by Workme�'s Compensation Insura�ce. "In the event of any litigation o+ other pror,eecfing arising out o` this agreement, the prevailing paRy shall be entitleci to collect its attomeys' fees and ali costs of litigation from the other parry, including appellate attorneys' fees This praposal/contract inciudng ail terms and condiNons shall become, a legally binding attaohmenE to any confract entered into between Ail County Paving and the finaneialty resporsibt� company for which tre wc�rk will be periormed. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized ta do the uvork as specified. Payment will be made as outlined above. ACCEPTANCE OF PROPOSAL: __._._.� ___._____ �._...__________________ Joshua Marfleet Signature of Approval by Client Project Pvlanager Rrinted Name and Title and Date��____ Page 2 of 2 M&M Asphalt Mainlenance Inc., dlb/a AII County Paving Office 561-588-0949 � Fax 561-588-2146 � 1180 SW 1(7`" Street Delray Beach, FL 33444 Office 407-610-8069 � Fax 407-380-2Q01I 4800 Patch Road, Orlando, FL 32822 info�vallcountypaving.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, 888, F76A, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRISM, NEYRA �FDOT CERTIFIED CONTRACTORS� Nate: All County cannpt work around vehides. Management is responsible for towing when owners fail to cqmply with paving andlor seal coat schedule. Propos�l # 2016.06.15.01.AB �� a �� Palm Beach County: U-21491 Broward County: 13•3A�17799-R Coilier County: LCC20110001485 Martin County: MCP5910 General Contractor: CGC1509532 x�ar:��.�.��,�,� �,� PROPOSAI.ICONTRACT September 1, 2016 Customer Name/Address: Property Location: Attn: Doug Chambers Viilage of Tequesfa Village �f Tequesta 345 Tequesta Drive 345 Tequesta Drive Tequesta, FL 33469 Tequesta, FL 33469 c. 561-768-0482 e. Dchambers{c�tequesta.or4 Work to be performed in the followina location; Tequesta Rd (Seabrook Rd to Mars Ave) ` Item s � � Description � � QTY ' � llNIT � , UNIT � TOTAL y i - - No. � � +---------- --- ---------�--1 12 Mill existing asphalt 3495 ; SY $2.50 $ 8,737.50 � 19 Type SP 9.5(tons} ��_ 2�� ; TONS � $110.00 �$ 23,66_ 0 00 � I 61 6" white thermo 1462 � LF I $0.88 $ 1,286.56 ` i 63 6" yellow thermo � 2240 �F $ $ 1 9712a j ; --___ _ _. __ _ --_______ __________�_. _ .______.__ __ _. ,. __.____ _F__ .�..,.._ _ _�___..�.__ j 89 24" white thermo 24 4 LF $3.30 _�^.^—.. .$ l 79.20 � 70 Arrows thermo � Z EA $99.00 $ 198.�0 i ._ �_ _ _.... --. �.__.. ., ___... ._ _ _ . _ _ ..__._ _- ._.. ____.�_ _._�...._..._�_.�_ � �� ..�.______ _ __ _��,.w._.__._�_�._._. �.. _ _ . ! 74 6" white temporary paint � 1558 LF $0.33 $ 514.14 � ; 76 6" yellow temporary paint 2750 E LF � $0.33 $ 907.50 g 78 RPM's 192 i EA � $4.40 $ 844.80 � i , � ._ ----------------- �- — ----- ----- - _ _ ------ - --__-- Total $38,188.90 `Car stops break during handling. 'Any broken car siops will be �epiaced at an addiGonal cost o` 535.00 Each. 'New pavement is susceptible to scuffing and marks until it has properly cured. 'As asphalt is a pelroleum based prociud the prices are subjoct 10 change if pil prices in�aease dramatically. "Existiny C+acks with �eq�tatior. c�rowing shou9tl be prepar�d wilh a weed killer such as 'ROUnd Up' for several trealments bofore we arrive on !he job- 'The asphalt surface that wiil be placed on this pro;ect will not have the finish and 'laok oF a sea�coat application. If sealcoat is desired at a later date, we will be happy to quote yov separately. 'Large cracics ir the existirg asphalt may reflect through the new asphalt in time. `Thefe will be a tire'tracking'-this cannot be avoided, but the tracking marks will disappear in time. "This proposal specifically exclifdes the acr,eptance of a when Pafd Clairse` payment clause. Page 1 of 2 M&M Asphalt Maintenance Inc. d/b/a A�I County Paving Olfice 561-588-0949 � Fax 561-588-2140 � 1180 SW 10"' Street, Delray Beach, FL 3344A Office 407-690-8069 � Fax 407-380-2001� 48Q0 Patch Road, Orlando, FL 32822 infn@allcountvpavinq.com Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BSB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAR, FHBA, APWA, PRISM, NEYRA �FDOT CERTIFIED CONTRACTORS� Note: Ail County cattnot work around vehicles. Management is responsib{e for iowing when owners fail to comply with paving and/ar seal coat schedule. Proposal # 2Q16.06.15.01.AB / � I III � � �� Palm Beach Gounty: U-21491 Broward County: 13•3A-17799•R Collier County: LCC20110001485 Martin County: MCP5910 General Contractvr: CGC1509532 ".��3'Hk1d✓' �"iN'�i�., . . .. . " _. . 'All County shadl be provided with suitable access ro the work area. N All County's wor9c rs dependent upon or must be undertaken in corjuncCion with the work of others. such work shall be performed and completed so as lo permit All C4unty [q perform its work he�eunder in an uninterrupted single shift operation. Delays to AII County shall be paid at a rate of $200-00 per haK hour_ `Iia the evenk that any work is done under this agreement as amended. or any side agreement, by AH County which wock is on public pro�erty. the (ClienUOwner� ag�ees and understands that the pro,ect property which it owns shail he charged with alt indebtedness hereunder. `Any puneh t'rst items must be submitted in writing_ No repairs �n711 be made until 9DUn of the invoice amount has been pa'rd. 'This conkactor cannot guarantee eliminatio� oF standing water 'Job site will he ba�ricaded during work. The contractor will not be �esponsible jo� persons breaking Ihrough barricades, trackinq ot malerials o! paint, damages to cars os pe�sons trespassinq in d�signated areas. ' Permit, Procurement !ees and any additional work reyuired by the permit will be extra to the contrad arreount 'This contractor recommends a civii engineer be retained for ADA upgredes. As such this contractor makes no elaim that ADA upgrades will meet anylall tocal, state and federal guide[ines on ADA camaliance. '�ue to price 'luctuations on matenal costs. this contractor reserves the right to withdraw the propasal at any time prior to the commencement of work. PROROSE to fumish labor and material — compiete in accordance with above specifications, and subject to condit�ons stated herein, for the sum of: THIRTY EIGHT THOUSAND ONE HUNDRED EIGHTY•EIGHT DOLLARS AND NINETY CENTS WITH PAYMENTS TO BE MADE AS FOLLOWS: Net due upon completion. Not responslble For any damage to underground utilities. A certificate of Inswance v+ill 6e issued upon request prior to commencement of work. All Cpunty reserves the right to revisit tfie site if time has elapsed from the qriginal propasal to acceQtance. All County guarantees the sea9er against peelirg or ttaking off of stable asphal! fc�r a perlod of (i ) year, excluding normal wear 8 tear. All County guarantees ail workmanship and materials fog up to (1) year, excluding normal wear & teaa. War�anry starts a! corcdusion pf Work and is not valid until payrr�ent has been made in full. Any addiiional mobilizations fo� 5ealcoatit�g will be billed at a rate of $1,235.00 each. Any additional mobiAzations for Paving will be billed at a rale ot $2,450.0� each All material is guaranReed to be as specitied Reflective Paver�ent Markers are excluded irorr� the warranFy. Any adciftional ref�ective pavement markers that are required by the cily code will be an additional charqe of S10 Ob each ta the contraef amount. All work is to be cocnpAeted ia a workma�like manner according Fo standard practices. Any alteration or deviation from at�ove specifinatior�s involviny extra 4osts, wiN be executed only upon writ4en orders, ared will become an extra charge over and above the eslirnaEe. All agreem�nts contingr�nt upon strikes. accidents ar delays b�yond our �ontrol. Due to lhe `luctuaifans in the pelroleum markets, All County reserve5 the right to impose a fuel sureharge. Owner to carry fire tornado and other necessary insurance upon above work- Our woricers are covereri by Workmen's Compensation �nsurance. "Ir the event of any litigation or other proceeding arising out of this agreement. the prevailing party shall be entitlec3 tn collect iFS attorr�eys' feea and all costs of Iitigatian from the o[her pasty, ineluding appeflate attorneys' `ees. This proposal/conhact including all terms and condi[ions shall become a Icjgally binding attachment ta any contract entered into betweer� All Gounty Paving and the finan;.ialfy responsible company for which the work will be per#armed. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. ACCEPTANCE OFPROPOSAL: _________._____________________ Joshua Marfleet Signature of Approval by Client Project Manager -------------------------- Printed Name and Title and Date Page 2 of 2 M&M Asphalt Maintenance Inc., d/b/a All Caunty Paving Office 561-588-6949 � Fax 561-588-2140 � 1180 SW 10` Skreet, Delray Beach, FL 33444 Office 407-610-8069 � Fax 407-38Q-2001 � 4840 Patch Road, Orlando, FL 32822 i�fo(c�allcountypaving.com Members of ICSC, CAI, SEFAA, IREM, CR£W, AAGO, B68, FTBA, FHEA, UCA, ABC, NAIOP, 60MAA, FHBA, APWA, PRISM, NEYRA �FDOT CERTIFIED CONTRACTORS� Note: All County cannot work around vehides. Management is responsible for towing when owners fail to compty wifh paving andJor seal coat schedule. 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' ` 1.. . •. � S � �Y ,. , f � � T � — r ., .rz ^�� . ' .'F ,� ."' . . , "� I k e�h� . N , . � , n N'"` , �� ''��., � , w �� .� ,�i�� a ., z , . �}� �� ` � � ,ri. �Y;; R } ��Ik'fr � ^ . ".,''�� .'+� � ''F *��. :4 �.t.�r XI �� ` � r�:.�#?� 5�� R � . i r ; y � "_a• ��^"�f�. 1 � ,; r �!� y . � �{ p t ' �. ,:�.4� e �M`��« . MI�, � x �� ' ..�� + � MT'^ � �^�Ik'�`,�,� .f.'� r . 1 � � � I t _ � . . . *;:� 3 � � � ,}.. } •.! 3� � i. �` � � 'fi � � � �� "Ma� �� ..� � � : _. '#�; � '� � � ' �� ,� '°'��' ., . , � , , °sj` • .. ',. � � ` � aa. ^ c .ct ci�r.ti,p � . � �� . '� r _ . 4 �� •''> ' - tu.�. a xa-e �: 4z a. c . a- ��, , � � u� , r �. '�I��,.w 4 � !a . , 7�aad� Us'il6'F :�A.u.�ai � % " T. . ;� . � � ..-* �A' . , � ' +�. „ � � � � '� �• � i c n:na .c aue�s -,.F�.umG p,�c ¢ax sa arc.sF sy1 �xsesatl . ' _ Mx ` - �-,.P � �._. ' .. 1/a�", _��,' . � � ��,� � � .� �..�...� �.�54r....!"�,�.. �� :'.AC.. � � } __ W¢t14C al?�O'� aaG1u] 4t49 � ut+�s , .. .... . � .... hd O'�` �.�.— _.�_�.� �—'�, ` I-. _,.. � ... j � a ,. _..,_ , � _ . . .. . . . .. .. . .. � �P� VILLAGE OF TEQUESTA COh'TRACT FOR G�\'ER��.L ROADWAY AND tVII5CELLANEOUS CON- STRUCUTION THIS C'ONTRAC"r FOR GENERAL R�AGIWAY AND MISCELLANEOUS � CONSTRUCTION, hereinafter "Contract", is entered into and effective this �� day of �� F��201b, by and betwecn the VILLAGE OF "] EQUESTA, a Florida municipal corporation �vith offices located at 345 Tequcsta Drive, Tequesta, Florida 33469-0273, hereinaf- ter "the Village"; and M&M ASPHALT MAINTENANCE, INC., a Florida cocporation, �a�HC aus�NESS As ALL COUNTY PAV[NG �vhose principal address is 1(80 South�vest IOth Street, Delray Beach, Florida 33444, hereinafter "the Contractor" and collectively with the Village, "the Parties". �VITNESSETH The Villagc and the Contractor, in eonsideration of the mutual covenants contained herein and far other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follaws; l. SCOPE �F SERVICES: The Village and the Contractor both hereby agree to enter into this Contract whereby the Contractor shall provide labor, rnaterials, equipment and supplies to the Village for smal] roadway and miscellaneous construction projects, in accordance with the technieal specifieations and drawings specified in any Woric Orders provided by the Vil- lage. The Viilage and Contractor both agree to enter into this Contract and piggyback the services and pricing described in the October 16, 2015 Construction Contract (Bid No. 14- Ib393 � 1 a-134; Project: Genera! Roadway and Miscellaneous Construction; Contract No. �-6�38j, attached hereto and incorporated as E.rhibi� A. Services provided by the Contractor to the Village shall be pursuant to the descriptions set-out in page ], paragraph l, "Scope Of Work," of Exhibit ,4. 2. COI�IPENSATION: [n eonsideration for the above Scope of Services, pricing shall be pursuant to the prices provided in the Schedule of Bid Items (B3) and Substitution Sheet(s} (B4) of E.rl:dbit A. If specific cireumstances reGuire additianal �t�ork or materials not listed in Schedule of Bid [tems and Substitution Sheets (B4) of E.rhi6it.4, then the Aarties shall nego- tiate a price that shall be detailed in the Work Order. CONTRACT FOR GENERAL ROADWAY & MISCELLANEOUS CONSTRUCTION 3. INSURANCE AND INDEMNIFICATION: The Contractor shall provide proof of workman's compensation insurance and liability insurance in such amounts as are specified in section GC 13 "Insurance; Indemnification," at pages 6Q until 62 of Section 5- General Conditions And Terms of Exhibit A and shall name the Vllage as an"additional insured" on the liability portion of the insurancs policy. The C�ntractor shall at all times indemnify, de- fend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature, arising out of any error, omis- sion, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or empZoy- ees in the performance of services under this Contract. 4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.133, Florida Statues, by entering into this Contract or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who wilt 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 immedi- ately preceding the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes. 5. TERMINATION: NOTICE: This provisions of this section shall be in place of the provisions set-out at section GC 16, "Termination Or Suspension," at pages 63 until 65 of Section S— General Conditions And Terms of Exhibit A. This Contract may be terminated by the Village or the Contractor upon thirty (30) days written notice to the either the Village or Contractor. Norice shall be considered sufficient when sent hy certified mail or hand de- livered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE CONTRACTOR Village of Tequesta M&M Asphalt Maintenance, Inc., 345 Tequesta Drive dJbla All County Paving Tequesta, Florida 33469 1180 SW l Oth Street Attn: Director of Utilities Delray Besch, FL 33444 Attn: Kenneth Goldberg, President 6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Vllage and the Contrac- tor agrees that this Contract is not a contract for employment and that no relationship of em- Page Z of 4 CONTRACT FOR GENERAL ROADWAY & MISCELLANEOUS CONSTRUCTION ployee-employer or principal-agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the prevail- ing party shall be awarded attorney's fees, including fees on appeal. 8. CHOICE OF LAW: VENUE: This Contract shall be governed and constru� in accord- ance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Contract. 9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and required insurance certificates constitute the entire Contract between both Parties; no modifi- cations shall be made to this Contract unless in writing, agreed to by both Parties, and at- tached hereto as an addendum to this Contract. The Contractor shall not transfer or assign the services and provision of goads called far in this Cantract withaut prior written consent of the V llage. 10. INSPECTOR GENERAL: 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 do- ing business with the Vllage shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the pow- er to take sworn statements, require the production of records, and to audit, monitor, investi- gate and inspect the activities of the �llage, as well as contractors and lobbyists of the Vil- lage in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. 11. PUBLIC RECURDS: In accordance with section 119.0701, Florida Statutes, the Contractor must keep and maintain this Contract and any other records associateti therewith and that are associated 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 accord- ance with access and cost requirements of chapter 119, Florida Statutes. Further, the Con- tractor shall ensure that any exempt or confidential records associated with this Contract or associated with the performance of the work described in the Scope of Services are not dis- closed except as authorized by law. Finally, the Contractor shall retain the records described Page 3 of 4 CONTRACT I�OR GC-NERAL. ROADWAti' �: MISCELLANFOUS CONSTKUCT101� in this paragraph throughout the pertonnance of tile work describcd in the Se�pe af Serviceti. and at the cc�Ylclusion of said ��ork and upon request, transfer to the Village, at no c��st to the Village, all sucl� rccords in the possession oti tlle Contractor and destroy any duplicates there- of. Records that are stored electronicaliy must he transfen•ed to thc Villagc in a fonnat that is eampatiblc «�ith the Villagc's infonnatiun ted�nology systems. IN WITNE55 WHEREOF, the partics hereto have exccuted this Contract the date and year first above �vritten. �'[TNESSES: 1I&!�i ASPHALT l�'IAI\TENANCE, INC. d/b/a ALL `OUNTY PA�'ING i --,_. Ke h C dbcrh, �'Ianaging �'Iember ,_ � � �' 2 � � .LZ _ (Corporatc Seal) VILLAGE OF TE UESTA �� Q , A��TEST: iga� renna , a,yor ;' � �,,,,,, � �'° E......... . ►� � i ICG�� Ll.l.i-�Q1►'�- ?�'' Cz��p pq a Lori McWilliams, CMC =v U � �,� ; v.: c�`'�.,N : Town Clerk �� SEAL :D� : � �NCORPORATED ; _ ,�� 4 j9 � O �' s' �,,€ ,r 1 �� p,�,�,� NII/IlII N1141NN11H 111N �� Pa<�e 4 l�l � M& M Asphalt Maintenance D/B/A All County Paving ADDENDUM Public Records: In accordance with Sec. 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, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records assaciated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph , throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems. Village Council - Regular Council Meeting Agenda March 10, 2016 Meeting 5. ppproval of Contracts Signed by Manager Under �25,000 (Per Village Ordinance we are presenting the following agreements, proposals, commitments and memorandum of understanding to Councii): 1. TargetSolutions Training Annual Contract - Fire Department - �2,684.00 Sponsors: Village Manager Couzzo 6. Approve Settlement of Dispute and Agreement between the Village of Tequesta and Sensus Sponsors: Deputy Utilities Director Heady 7. Approve Shenandoah Construction Stormwater Contract Sponsors: Deputy Utilities Director Heady 8. Approve DP Development of the Treasure Goast General Roadway and Misc Construction Contract Sponsors: Public Works Supervisor Chambers 9. Approve M& M Asphalt Maintenance D/B/A All County Paving General Roadway and Miscellaneous Construction Contract Sponsors: Public Works Supervisor Chambers 10. Interlocal Agreement for Palm Beach County Information System Services (ISS) Sponsars: Finance Director Forsythe 11. RESOLUTION 07-16, INCREASING THE GENERAL FUND #001 2015I2016 BUDGET IN THE AMOUNT OF �24,200 BY tNCREASING REVENUES AND EXPENDITURES IN THAT AMOUNT TO RECOGNIZE THE INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND VILLAGE OF TEQUESTA FOR REIMBURSEMENT OF EMS GRANT IN AN AMOUNT NOT TO EXCEED �24,200. Sponsors: Fire Chief Weinand Village o/ Tequesta Page 2 ��+�.:, Villa e of Te uesta T� q � ,esta Village ��a�� g q 345 Tequesta Driue R�:7 � �" ,. s�? . � Meeting Agenda Village Council - Regular Council Meeting Mayor Abby Brennan Vice-Mayor Vince Arena Council Member Steve Okun Counci! Member Tom Paterno Council Member Frank D'Ambra Thursday, March 10, 2016 6:00 PM Council Chambers CALL TO ORDER ROLL CALL iNVOCATION AND PLEDGE OF ALLEGIANCE - Council Member Paterno APPROVAL OF AGENDA PRESENTATION 1. Presentation by Dorothy Jacks, Chief Deputy Property Appraiser Sponsors: Finance Director Forsythe 2. Prociamation Declaring March 2016 as Florida Bicycle Month Sponsors: Mayor Brennan 3. Public Safety Pension Board Presentation by Trustee Member John Terzakis .ti��pr<,��i 3-t� CONSENT AGENDA All items listed under the Consent Agenda are considered routine and wi�l be enacted by one motion . There will be no separate discussion of these items unless a Village Council Member so requests, in which event the item will be removed from the Consent Agende and considered in its normal sequence on the Agenda. 4. MINUTES: February 1, 2016 Speciai Meeting, and February 11. 2016 Regular Council Meeting Sponsors: Viliage Clerk McWilliams Village of Tequesta Page 1