HomeMy WebLinkAboutAgreement_General_07/13/2017 VILLAGE OF TEQUESTA
CONTRACT FOR SMALL UTILITY CONSTRUCTION
THIS CONTRACT FOR SMALL UTILITY CONSTRUCTION, hereinafter
"Contract," is entered into and effective this 13 day of July 2017, by and between the
VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345
Tequesta Drive, Tequesta, Florida 33469-0273, hereinafter "the Village," and DP
DEVELOPMENT OF THE TREASURE COAST, LLC, a Florida limited liability
corporation, whose principal address is 2240 NW 22nd Street, Pompano Beach, FL 33069,
hereinafter"the Contractor"and collectively with the Village, "the Parties".
WITNESSETH
The Parties, in consideration of the mutual covenants contained herein and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
agree as follows:
1. SCOPE OF SERVICES: The Parties agree to enter into this Contract whereby the
Contractor shall provide labor, materials, equipment, and supplies to the Village for small
utility construction projects, which may include, but are not limited to, the following: water
treatment facility work; water main installation and repair; sanitary sewer main installation
and repair; storm sewer main installation and repair; sanitary force main installation and
repair; valve installation and repair on water main, sanitary sewer main, sanitary force main,
and process piping; air piping installation and repair; water and wastewater pump installation
and repair; material purchases; utility locates; manholes; inlets; conduits; concrete work; road
work; paving; dewatering; surveying and field engineering for construction layout and as-
built drawings; testing and laboratory services; electrical improvements; and other small
projects as requested. These small utility projects shall be performed in accordance with the
technical specifications and drawings specified in any Work Orders provided by the Village.
The Parties agree to enter into this Contract and piggyback the services and pricing described
in the October November 21, 2014 Master Contract for Small Utility Construction (ITB No.
13-14-407 / Contract No. 14563), between the Contractor and the City of West Palm Beach,
which is attached hereto and incorporated as Exhibit A. Authorization to piggyback for the
services and pricing of Exhibit A is provided by the March 11, 2016 email from Nancy D.
Urcheck, Esq. of the City of West Palm Beach to Samuel Heady, Deputy Director of Utilities
CONTRACT FOR SMALL UTILITY CONSTRUCTION
at the Village, which is attached and incorporated as Exhibit B. Services provided by the
Contractor to the Village shall be pursuant to the descriptions set-out in this contract and at
page 2, section 3, "Scope Of Work," of Exhibit A.
2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be
pursuant to the prices provided in the Fee Schedule of Exhibit A.
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 9, "Required Insurance," and section GC 13.1, "Insurance," of Exhibit A and shall
name the Village as an "additional insured" on the liability portion of the insurance policy.
The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents,
servants, and employees, from and against any claim, demand or cause of action of
whatsoever kind or nature, arising out of any error, omission, negligent act, conduct, or
misconduct of the Contractor, its agents, servants, or employees 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
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 Statutes.
5. TERMINATION; NOTICE: The provisions of this section shall be in place of and
modify the provisions set-out at section GC 16, "Termination Or Suspension," 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. Notice shall be considered sufficient
when sent by certified mail or hand delivered to the Parties during regular business hours at
the following addresses:
As to THE VILLAGE As to THE CONTRACTOR
Village of Tequesta DP Development of the Treasure Coast
345 Tequesta Drive 2240 NW 22nd Street
Tequesta, Florida 33469 Pompano Beach, FL 33069
Attn: Director of Utilities Attn: Daniel Petrillo, Registered Agent
Page 2 of 5
CONTRACT FOR SMALL UTILITY CONSTRUCTION
6. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an
independent contractor and not an employee of the Village. The Parties agree that this
Contract 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.
7. ATTORNEY'S FEES: In the event a dispute arises concerning this Contract, the
prevailing party shall be awarded attorney's fees, including fees on appeal.
8. CHOICE OF LAW; VENUE: This Contract 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 Contract.
9. AMENDMENTS & ASSIGNMENTS: This Contract, all Exhibits attached hereto, and
required insurance certificates constitute the entire Contract between the Parties; no
modifications shall be made to this Contract unless in writing, agreed to by the Parties, and
attached hereto as an addendum to this Contract. The Contractor shall not transfer or assign
the services and provision of goods called for in this Contract without prior written consent
of the Village.
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
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.
11. PUBLIC RECORDS: 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 Proposal or Bid. Upon request from the Village's custodian of public records, the
Page 3 of 5
ti
CONTRACT FOR SMALL UTILITY CONSTRUCTION
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, the
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, 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 AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT lmmilliams(&Jecluesta.org, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
12. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
Parties and supersedes all previous discussions, understandings, and agreements between the
parties relating to the subject matter of this Agreement.
Page 4 of 5
CONTRACT FOR SMALL UTILITY CONSTRUCTION
IN WITNESS WHEREOF, the Parties have executed this Contract the date and year first
above written.
WITNESSES: DP DE M OF THE TREASURE
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Page 5 of 5
' Ex. A
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C0INS'U LTA`I TIC CNTRACTOR
c►zl;INAL
City of West Talm Beach
MASTER CONTRACT
for
SMALL UTILITY CONSTRUCTION
ITB No. 13-14-407
Contract No. 14563
Contractor Firm: DP Development of the Treasure Coast,LLC
Contractor Address_ 605 Belvedere Road,Suite# �3 i
West Palm Beach, Florida 334 5
Email:pat@dpdevelopment.net
Telephone: (561)650-1333 Fax: (561)650-1334
Cell: (561)542-5458
FEI/EIN#205822418
THIS CONTRACT is made and entered into by and between the Contractor identified above and the
CITY OF WEST PALM BEACH, a municipal corporation of the State of Florida whose address is 401 Clematis
Street,West Palm Beach,Florida 33401 (the"City"or"Owner").
WHEREAS, the Owner caused to be prepared specification, drawings and other contract documents for
certain work and issued an Invitation to Bid("ITB")for the above-described project;and
WHEREAS,the Contractor submitted its Bid in response;and
WHEREAS, the Owner determined that the Contractor's Bid represents the best value to Owner and
wishes to contract with Contractor under the terms and conditions contained in the Invitation to Bid;
NOW THEREFORE, in consideration of the promises and mutual covenants and obligations herein
contained, and subject to the terms and conditions herein stated, the Owner and Contractor understand and
agree as follows:
1. Small Utility Proiect. Contractor shall be entitled to submit bid(s) for the issuance of Work Orders for
small utility projects(under$300,000).which may include,but are not limited to,the following plus ancillary items:
• Water Treatment Facility Work
• Water Main installation and repair
• Sanitary Sewer Main installation and repair
• Storm Sewer Main installation and repair
• Sanitary Force Main installation and repair
• Valve installation and repair on water main,sanitary sewer main,sanitary force main,and
process piping
• Air piping installation and repair
• Water and Wastewater Pump installation and repair
• Material Purchases
• Utility Locates
• Manholes
• Inlets
Master SmUtility-081514
• Conduits
• Concrete Work
• Road Work
• Paving
• Dewatering
• Surveying and Field Engineering for construction layout and as-built drawings
• Testing and Laboratory Services
• Electrical Improvements
• Other small projects as requested
2. Non-Exclusive:No Guaranty. This Contract is non-exclusive and the Owner reserves the right to award
other contracts for work falling within the scope of this Contract. No work order(s)or minimum amount of work or
compensation is guaranteed under this Contract.
3. Scope of Work. If awarded a Work Order, the Contractor shall furnish all necessary labor, materials,
equipment and supplies,and shall execute and complete,to the satisfaction of Owner and in accordance with the
terms and conditions of this Contract all work described and shown in the applicable Work Order. The work will
be small utility projects(under$300,000).
4. Work Orderfsl:
4.1 Owner will issue Work Orders for small utility construction projects to awarded Contractor on an
as-needed basis. Each work order will be on the City's form and detail the specific project scope of work,project
schedule for completion and compensation.All terms and conditions of this Contract,the General Conditions and
the Contract Documents will be applicable to each Work Order. Time shall be of the essence of each Work
Order.
4.2 No work is authorized until a work order is fully executed by the Owner. Any amendment to a
work order is not effective and not authorized until such amendment is fully executed by the Owner. No Work
Order may be amended to exceed$300,000.
4.3 No individual Work Order shall exceed $299,999.99. A comprehensive project shall not be
broken into small related segments/projects in order to fall within the limitations of this Contract. Contractor shall
not execute any such Work Order.
4.4 The compensation/price to be paid for each individual work order shall be specified in the work
order and shall be based on the rates/unit prices shown in Exhibit A.
4.5 Work Orders shall be completed within the time indicated for each Work Order. Time is of the
essence of each Work Order. Contractor shall proceed with the work and shall conform to the schedule for each
Work Order. Work shall commence on the date indicated in the Notice to Proceed Issued by Owner and be
substantially complete and then fully complete in accordance with the Work Order schedule and the General
Conditions,with such extensions of time as are provided in the General Conditions.
4.6 No Work Order may be issued for Services to be completed after the expiration of this Contract.
The form of City's Work Order is attached to this Contract.
5. Payment and Invoices. Payment for Work Orders shall be made in accordance with the General
Conditions of this Contract. Contractor acknowledges that if a construction bond is required, final payment under
this Work Order shall not be made until consent of surety is received by Owner. Contractor shall submit Individual
invoices for each Work Order. Along with each invoice, Contractor will provide a copy of the Work Order, the
appropriate completed Small Business participation form and any updated insurance documents.
6. Tenn of Contract.
6.1 Term of Contract. Subject to the termination rights of the Owner,this Contract shall have a term
of three(3)years,commencing as of the date of execution by the Owner. The Owner shall execute this Contract
last.
Master SmUtilky-081514 2
6.2 Renewal. At the sole option of the Owner,this Contract may be renewed for up to two additional
twelve(12) month periods. Contract renewal will only be effective upon a written contract amendment executed
by both parties. Renewal terms and conditions for this Contract shall be unchanged.
7. Liquidated Damages. The actual damages the City and the public may suffer as a result of the failure to
complete work under a Work Order within the scheduled time are not ascertainable at the time of this Contract If
said work under any Work Order is not substantially and then fully completed within the time established by the
Work Order and the General Conditions,as may be adjusted,the Contractor shall be liable and hereby agrees to
pay to the City as liquidated damages,and not as a penalty, a sum per calendar day for each and every day or
part of a day thereafter that said work remains incomplete. Unless a Work Order specified otherwise, Contractor
shall pay to City the sum of Two Hundred Dollars($200)per calendar day as liquidated damages.
8. Construction Bond(s). If the estimated amount of any Work Order is$200,000 or more, or if a bond is
required by ECR/City on any other Work Order, then prior to the commencement of the work under such Work
Order, Contractor shall record a public construction bond, in an amount not less than the total cost of such Work
Order, on City approved forms, with the Clerk of the Court in the Public Records of Palm Beach County and
provide a certified copy of the recorded bond(s)prior to commencing work and submittal of first invoice. The ECR
Board and City shall be co-obligees under such bonds. The bond shall incorporate by reference the terms of the
Contract Documents in their entirety.
9. Required Insurance.
9.1 Contractor shall maintain following liability coverage, in the limits specified, and shall provide
evidence of such coverage prior to Contract execution:
Comprehensive General Liability: Not less than$1,000,000.00 Combined Single Limit per each
occurrence and $2,000,000 aggregate, with bodily injury limits. May not be subject to a self-
insured retention or deductible exceeding$25,000.
Automobile Liability: Not less than $1,000,000.00 for injuries per person in any one accident or
occurrence and $1,000,000.00 in the aggregate for injuries per occurrence or accident, with
$100,000.00 for property damage in any one accident or occurrence. May not be subject to a
self-insured retention or deductible exceeding$10,000.
Worker's Compensation: Worker's Compensation and Employer's Liability Insurance with limits
of Employer's Liability Insurance not less than $500,000 "each accident,' $500,000 'disease
policy limit;and$500,000"disease each employee."
Any liability coverage on claims made basis shall remain effective for five(5)years after final payment.
9.2 Based on the work to be performed, specific Work Orders for specific utility work projects may
require additional insurance coverages.
9.3 Additional Insured: All required insurance (except Worker's Compensation and Professional
Liability) shall Include an Additional Insured endorsement identifying the City of West Palm Beach as Additional
Insured. No costs shall be paid by the City for an additional insured endorsement.
9.4 Certificate of Insurance: Evidence of insurance, being a current ACORD certificate of insurance
or its equivalent, executed by the insurer, or its agent or broker, evidencing that a policy of insurance and any
required endorsements have been issued by the agentibroker shall be delivered to Owner prior to execution of
any contract awarded. The Certificate of Insurance shall be dated and show the name of the Insured,the specific
contract or work authorization by name,WA number and contract number,the name of the insurer,the number of
the policy, its effective date,and its termination date.
9.6 Sub-Contractors. Proposer(s)shall ensure that any sub-consultants will maintain during the term
of their contract,the above types of insurance,in coverage amounts acceptable to the City.
10. Contractor's Understanding. It is understood and agreed that the Contractor shall, prior to the
execution of any Work Order, by careful examination, satisfy itself as to the nature and location of the work, the
Master SmUtility-081514 3
conformation of the ground, the character, quality and quantity of the materials to be encountered, the character
of the equipment and facilities needed preliminary to and during the prosecution of the work,and the general and
local conditions. Execution of a Work Order by the Contractor shall be a representation that the Contractor has
visited the site,reviewed any design criteria furnished by the City, become generally familiar with local conditions
under which the work is to be performed and correlated personal observations with requirements of the Contract
Documents. Contractor agrees that its inspection of the site and review of information furnished by the City shall
be adequate investigation. By execution of a Work Order,Contractor represents that the plans and specifications
are consistent, practical, feasible and constructible within the scheduled construction time and Contractor
affirmatively covenants that Contractor has observed no defects or discrepancies in the plans, specifications or
site. Contractor agrees that that if during construction any discrepancies, defects, etc., are discovered by or
made known to Contractor,Contractor shall immediately communicate same to the City.
It. Warranty Contractor agrees to correct all Work found by Owner to be defective or not in conformance
with the Contract Documents for a period of one year from the final certificate of occupancy for the project(or if no
certificate of occupancy to be issued,within one year of substantial completion) or for such longer periods of time
as may be set forth with respect to specific warranties contained in the specifications.
12 Ethics. Contractor acknowledges, agrees and commits that it shall comply with all applicable state,
county and City rules and regulations.
13. Inspector General. Contractor is aware that the Inspector General of Palm Beach County has the
authority to investigate and audit matters relating to the negotiation and performance of this Contract and any
Work Order hereunder, and may demand and obtain records and testimony from the Contractor and its
subcontractors and lower tier subcontractors. Contractor understands and agrees that in addition to all other
remedies and consequences provided by law, the failure of Contractor or its subcontractor or lower tier
subcontractors to fully cooperate with the Inspector General when requested may be deemed by the Owner to be
a material breach of this Contract justifying its termination.
14. Small Business. Contractor agrees to use the certified small businesses identified by Contractor for
each Work Order in the manner and proportions set forth in the Work Order and Small Business Commitment
form. Contractor agrees to maintain in an orderly fashion all relevant records and information that evidence
compliance with the Small Business program and the utilization of an payment to certified small businesses under
this Contract. Contractor shall make said records available to the Owner for inspection during reasonable
business hours.
15. Contract Documents. Contractor agrees to complete all work in accordance with the Contract
Documents. The term "Contract" and or"Contract Documents"shall include all project and work requirements,
the terms and conditions contained in this Contract and the General Conditions, on the City website(s), each
Work Order and the following documents, all of which taken together are incorporated herein and form the
Contract Documents. The Contract Documents constitute the entire agreement between Contractor and City and
supersedes all prior verbal and written agreements, understandings, negotiations and discussions between the
parties hereto. No verbal agreement or conversation with any officer,agent or employee of City either before or
after execution of the Contract shall affect or modify any of the terms or obligations contained in any of the
documents comprising said Contract.
For convenience sake, all of the Contract Documents may not be attached to this Contract, but the indicated
documents are incorporated and make up the Contract Documents,regardless of whether they are attached.
❑ General Conditions
❑ Exhibit A—rates/prices
❑ Public Construction bond(s)
❑ Contractor's Insurance
❑ Drug Free Certification
❑ RFP 13-14-407
❑ The following Contract Documents may be found at www.ckvofwnb.orQ/engineering/.
City's Approved Materials List
Master SmUtility-081514 4
City's Engineering Standard Details
❑ Each Work Order and all associated Documents
The Contract Documents are complementary, and wherever possible the provisions of the documents shall be
construed in such manner as to avoid conflicts between provisions of the various documents.
IN WITNESS WHEREOF,the parties execute this Contract through their duly authorized representatives.
ATTEST: CITY OAF PALM BEACH
By: By:
City nlerk Mayor
Date: I! I 2014
CITY ATTORNEY'S OFFICE
Approved•s19,form and legality
By: 'Yk -.
WITNESS: Contractor:
DP DEVELQPMENT OF THE TREASURE
COAST, Ll- `,
By. (�
Print Name:of k/Y�u. a Cis Print Name: Pa-}- a l_X,1'( CD
Title: � /lf
Master SmUtility-081514 5
Ex. B
McCorkle, Janet
From: Heady,Samuel
Sent: Monday, March 14, 2016 8:48 AM
To: Keith Davis;Jack Rice
Cc: McCorkle,Janet;Terriault, Michelle
Subject: DP Dev Piggyback Contract for Utility Construction Services
Attachments: image001.png; 14-158 Executed Contract-CWPB Master Contract for Utility Construction
Services.pdf
Keith/Jack,
The Utility would like to use this contract to piggyback Utility Construction Services.The email below is the City of West
Palm giving the OK to use the contract.
Thank you!
Sam Heady
Deputy Director of Utilities
The Village of Tequesta, FL
Cell:561-722-1167
Email:sheady@tequesta.org
"Plan your work for safety"
-----Original Message-----
From:NUrcheck@wpb.org(mailto:NUrcheck@wpb.orgj
Sent: Friday,March 11,2016 4:36 PM
To:Heady,Samuel<sheady@tequesta.org>
Subject: Re: FW: Piggyback Contract for Utility Construction Services
Hi Sam-Hope everything is well with you!
Yes,this Contract is still in place with West Palm Beach.Please note that the City awarded multiple contracts under this
procurement and award was based on best value to the City.
The City has no object to the Village piggybacking this contract for its procurement process, provided it complies with
the Village procurement regulations and the Contractor consents.
Nancy D. Urcheck
Deputy City Attorney
City of West Palm Beach
401 Clematis Street
West Palm Beach, FL 33401
561/822-1365
nurcheck@wpb.org
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