R2018-05 Roadway Milling and Resurfacing ContractRESOLUTION 2018-05
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO M & M
( ASPHALT MAINTENANCE, INC. D/B/A ALL COUNTY PAVING FOR MILLING
AND RESURFACING OF PUBLIC ROADWAYS PURSUANT TO PRICING
ESTABLISHED IN AN EXISTING CONTRACT FOR GENERAL ROADWAY AND
MISCELLANEOUS CONSTRUCTION WITH THE CITY OF WEST PALM BEACH
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village wishes to proceed with the milling and resurfacing of public roadways
throughout the Village; and
WHEREAS, Village Administration recommends that a contract be awarded to M & M Asphalt
Maintenance, Inc. d/b/a All County Paving pursuant to pricing established in an existing contract with
the City of West Palm Beach for General Roadway and Miscellaneous Construction (ITB No. 14-15-
134); and
WHEREAS, the Village Council waives any conflicting purchasing policies and procedures and
determines that the adoption of this Resolution is in the best interests of the citizens and residents of
the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with M & M Asphalt Maintenance,
Inc. d/b/a All County Paving for milling and resurfacing of public roadways pursuant to pricing
established in an existing contract with the City of West Palm Beach for General Roadway and
Miscellaneous Construction (ITB No. 14-15-134) and authorizes the Mayor and Village Clerk to
execute the Contract on behalf of the Village, a copy of which is attached hereto and incorporated
herein. The total cost of this Contract shall not exceed $384,688.42, with funds expended from
Account No. I7321-66210 (Streets and Grounds — Construction and Major Renovation).
Notwithstanding the foregoing, the Village Council authorizes a total expenditure of $400,000.00 for
milling and resurfacing services to account for modifications to the scope of work through the
execution of change orders without the need to amend this Resolution.
Section 3. This Resolution shall take effect immediately upon adoption
PASSED AND ADOPTED THIS 25TH DAY OF JANUARY, 2018.
(Village'Seal) C
AYOR
ATTEST: _
VILLAGE CLERK
CONTRACT
This Contract is made as of this a5 -Vi'' day ofj&Ua.rN , 2018, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida
33408, a Florida municipal corporation (hereinafter "VILLAGE"), and M & M ASPHALT
MAINTENANCE, INC. D/B/A ALL COUNTY PAVING, 1180 S.W. 10th Street, Delray Beach,
Florida 33444, a Florida corporation (hereinafter "CONTRACTOR"), whose F.E.I. Number is
61-1595442.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor for the milling and resurfacing of public
roadways throughout the VILLAGE; and
WHEREAS, the City of West Palm Beach, through its competitive selection process, awarded an
Annual Contract for General Roadway and Miscellaneous Construction (ITB No. 14-15-134)
("WPB Contract") to CONTRACTOR; and
WHEREAS, the VILLAGE requested that the CONTRACTOR provide milling and resurfacing
services based on the pricing established in the WPB Contract; and
WHEREAS, as authorized by the VILLAGE's purchasing policies and procedures, the
VILLAGE desires to retain CONTRACTOR's services by "piggy -backing" the WPB Contract,
including all terms, conditions and pricing set forth therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. WPB Contract. The City of West Palm Beach's Annual Contract for General Roadway
and Miscellaneous Construction (ITB No. 14-15-134) with CONTRACTOR, attached hereto as
Exhibit "A," is incorporated herein by reference.
CONTRACTOR's Services and Time of Completion.
A. In accordance with the terms and conditions of the WPB Contract and at the direction of
the VILLAGE, CONTRACTOR shall perform the milling and resurfacing work in accordance
with its Proposal, a copy of which is attached hereto as Exhibit `B" and incorporated herein by
reference.
B. The total cost of such services shall not exceed $384,688.42.
C. The services to be provided by CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to CONTRACTOR to proceed.
Page 1 of 5
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
A. This Contract
B. Exhibit "A" (WPB Contract)
C. Exhibit "B" (CONTRACTOR's Proposal)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to CONTRACTOR
under this Contract shall not exceed the amount of compensation stated in Section 3(B) above
without prior written consent of the VILLAGE. CONTRACTOR shall submit invoices to the
VILLAGE for review and approval by the VILLAGE's representative, indicating that goods and
services have been provided and rendered in conformity with this Contract, and they then will be
sent to the Finance Department for payment. Invoices will normally be paid within thirty (30)
days following the VILLAGE representative's approval. CONTRACTOR waives consequential
or incidental damages for claims, disputes or other matters in question arising out of or relating
to this Contract. In order for both parties herein to close their books and records,
CONTRACTOR will clearly state "final invoice" on CONTRACTOR's final/last billing to the
VILLAGE. This certifies that all goods and services have been properly performed and all
charges have been invoiced to the VILLAGE. Since this account will thereupon be closed, any
and other further charges if not properly included in this final invoice are waived by
CONTRACTOR. The VILLAGE will not be liable for any invoice from CONTRACTOR
submitted thirty (30) days after the provision of all goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated in the WPB
Contract. Extensions or renewals to the WPB Contract or any modification including new
products, terms, or price changes to the WPB Contract shall be submitted by CONTRACTOR to
the VILLAGE for approval. In the event the WPB Contract expires and no new contract is let by
the WPB, VILLAGE reserves the right, upon written agreement with CONTRACTOR to renew
this Contract under the same terms and conditions for an additional period of one (1) year.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the WPB Contract, with the VILLAGE named as an additional insured.
8. Indemnification.
A. To the fullest extent permitted by applicable laws and regulations, CONTRACTOR shall
indemnify and save harmless and defend the VILLAGE, its officials, agents, servants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising
out of or in any way related to the services furnished by CONTRACTOR pursuant to this
Contract, including, but not limited to, those caused by or arising out of any act, omission,
negligence or default of CONTRACTOR and/or its subcontractors, agents, servants or
employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions
of the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
Page 2 of 5
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause
of action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the limited waiver provided in §
768.28, Florida Statutes.
9. Compliance with all Laws, Regulations and Ordinances. In performing the services
contemplated by this Contract, CONTRACTOR shall obtain all required permits (if any) and
comply with all applicable federal, state and local laws, regulations and ordinances, including,
but by no means limited to, all requirements of the Village Code and the Florida Building Code.
10. Warranty/Guaranty. Unless a longer period is stated in the WPB Contract,
CONTRACTOR warrants that its goods and services provided under this Contract will be free of
defects in materials and workmanship for a period of one (1) year following delivery and
completion of those goods and services.
11. Access/Audits. CONTRACTOR shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing services pursuant to this Contract for
at least five (5) years after termination of this Contract. The VILLAGE shall have access to such
books, records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at CONTRACTOR's place of business. Under no circumstances
will CONTRACTOR be required to disclose any confidential or proprietary information
regarding its products and service costs.
12. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County. No remedy herein
conferred upon any party is intended to be exclusive of any other remedy, and each and every
such remedy shall be cumulative and shall be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other or
further exercise thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the successful or prevailing party or parties shall be entitled to
recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not
taxable as court awarded costs (including, without limitation, all such fees, costs and expenses
incident to appeals), incurred in that action or proceeding, in addition to any other relief to which
such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Page 3 of 5
Contract, or the application of such terms or provision, to persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected, and every other term
and provision of this - Contract shall be deemed valid and enforceable to the extent permitted by
law.
E. All notices required in this Contract shall be sent by certified mail, return receipt
requested, and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other than those
stated herein. None of the provisions, terms and conditions contained in this Contract may be
added to, modified, superseded or otherwise altered, except by written instrument executed by
the parties hereto. Any provision of this Contract which is of a continuing nature or imposes an
obligation which extends beyond the term of this Contract shall survive its expiration or earlier
termination.
G. 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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(561) 841-3355; NPBCLERKgVILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY
ONE, NORTH PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE's custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the Contract term and following completion of the Contract if the
CONTRACTOR does not transfer the records to the VILLAGE.
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon
Page 4 of 5
request from the VILLAGE's custodian of public records, in a format that is compatible
with the information technology systems of the VILLAGE.
H. 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 in furtherance thereof, may demand and obtain records and testimony from
CONTRACTOR and its subcontractors. CONTRACTOR understands and agrees that in
addition to all other remedies and consequences provided by law, the failure of CONTRACTOR
or its subcontractors to fully cooperate with the Inspector General when requested may be
deemed by the VILLAGE to be a material breach of the Contract justifying termination.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
M&MA$'
By:
Print Name:
Position: 4�
VILLAG OF NORTH PALM BEACH
By:
RRYL C UBREY
MAYOR
ATTEST:
BY:
MELISSA TEAL
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VILLAGE ATTORNEY
:. D/B/A ALL COUNTY PAVING
Page 5 of 5
EXHIBIT "B"
Palm Beach County: U-21491 Mk4AUA :"Il(.)f"#4^l
Broward County: 13 -3A -17799-R
Collier County: LCC20110001485
Martin County: MCP5910
General Contractor: CGC1609632
January 22, 2018
Customer Name/Address:
Attn: Steve J. Hallock
Director of Public Works
Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL 33408
T. 561-691-3440
As per directions to perform the following work:
PROPOSAUCONTRACT
Property Location:
Village of North Palm Beach
Multiple Locations listed below
North Palm Beach, FL 33328
** REVISION #002 **
Item
No.
Item Description
Unit Cost
Units
Qty's
Total
General
1
Mobilization
$ 29,900.00
LS
1
$
29,900.00
2
Maintenance of Traffic
$ 39,850.00
LS
1
$
39,850.00
4
Insurance
$ 100.00
LS
1
$
100.00
Roadway.
12
Mill Existing Asphalt (up to 2")
$
2.50
SY
31922
$
79,805.00
19
Type SP -9.5 Asphaltic Concrete
$
110.00
Ton
1825
$
200,750.00
Striping & Signage
61
6" Solid White Thermoplastic Striping
$
0.88
LF
8466
$
7,450.08
62
6" Skip White Thermoplastic Striping
$
0.88
LF
385
$
338.80
65
6" Double Yellow Thermoplastic Striping
$
1.76
LF
6366
$
11,204.16
66
12" Solid White Thermoplastic Striping
$
1.65
LF
970
$
1,600.50
68
18" Solid Yellow Thermoplastic Striping
$
2.20
LF
130
$
286.00
69
24" Solid White Thermoplastic Striping
$
3.30
LF
270
$
891.00
70
Special Pavement Message: ARROW (single and double) Thermoplastic
$
99.00
EA
15
$
1,485.00
71
Special Pavement Message: MERGE, ONLY, R/R, SCHOOL, SHARROW
Thermoplastic
$
121.00
EA
4
$
484.00
74
6" White Temporary Striping Paint
$
0.33
LF
12677
$
4,183.39
76
6" Yellow Temporary Striping Paint
$
0.33
LF
14434
$
4,763.29
78
Retro -Reflective Pavement Markers (RPM'S) All Colors
$
4.40
EA
363
$
1,597.20
TOTAL: $ 384,688.42
Page 1 of 3
M&M Asphalt Maintenance Inc., d/b/a All County Paving
Office 561-588-0949 1 Fax 561-588-2140 11180 SW 10`h Street, Delray Beach, FL 33444
Office 407-610-80691 Fax 407-380-200116648 Old Cheney Highway Unit D, Orlando, FL 32807
info aC ,allcountypavin.g.com
Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRSM, NEYRA
FDOT CERTIFIED CONTRACTORS ti
Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule.
Proposal # 2018.01.08.02 JW
Palm Beach County: U-21491 M4�RUAie11{"1
Broward County: 13 -3A -17799-R
Collier County: LCC20110001485
Martin County: MCP5910
General Contractor: CGC1509532
• Lighthouse Drive from just west of the bridge to Juniper Dr. One inch (1") milling and paving with
• All new street striping.
• Oyster Road. One inch (1") milling and paving.
• Riverside Rd. One inch (1") milling and paving.(The intersection and cul-de-sac have already been done.)
• Atlantic Road (south only section), Lakeside Drive (Atlantic Road to Cruiser Road North), and the
• Cruiser Road loop. One inch (1") milling and paving.
• Camelot Motor Lodge. One inch (1") milling and paving to help drainage flow.
*Does not include the replacement of traffic loops.
*Does not include any new signage.
*This contractor cannot guarantee elimination of standing water or drainage issues.
*Does not include any erosion control or SWPPPS.
*Does not include any towing or relocating of vehicles parked in the work areas.
*Job site will be barricaded during work. The contractor will not be responsible for persons breaking
through barricades, tracking of materials or paint, damages to cars or persons trespassing in designated areas.
* Permit, Procurement fees and any additional work required by the permit will be extra to the contract amount.
*This contractor recommends a civil engineer be retained for ADA upgrades. As such this contractor makes no
claim that ADA upgrades will meet any/all local, state and federal guidelines on ADA compliance.
*Due to price fluctuations on material costs, this contractor reserves the right to withdraw the proposal at any time prior to the commencement of work.
Page 2 of 3
M&M Asphalt Maintenance Inc., d/b/a All County Paving
Office 561-588-0949 1 Fax 561-588-2140 11180 SW 10th Street, Delray Beach, FL 33444
Office 407-610-8069 1 Fax 407-380-200116648 Old Cheney Highway Unit D, Orlando, FL 32807
info ,allcountypaving.com
Members of ICSC, CAI, SEFAA, [REM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRSM, NEYRA
FDOT CERTIFIED CONTRACTORS a_
Note: All County cannot work around vehicles. Management is responsible for towing when owners fall to comply with paving and/or seal coat schedule.
Proposal # 2018.01.08.02 JW
Palm Beach County: U-21491 A*VrA61A 111(, n,gY
Broward County: 13 -3A -17799-R W1
Collier County: LCC20110001485
Martin County: MCP5910
General Contractor: CGC1509532
PROPOSE to furnish labor and material — complete in accordance with above specifications, and subject to conditions stated herein, for
the sum of:
THREE HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED EIGHTY-EIGHT DOLALRS AND NINETY-TWO
CENTS
$384,688.42
WITH PAYMENTS TO BE MADE AS FOLLOWS: Net 30 Days.
Not responsible for any damage to underground utilities. A certificate of Insurance will be issued upon request prior to commencement of work. All County reserves the right to
revisit the site if time has elapsed from the original proposal to acceptance. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1)
year, excluding normal wear & tear. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of
work and is not valid until payment has been made in full. Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each. Any additional mobilizations
for Paving will be billed at a rate of $4,500.00 each. All material is guaranteed to be as specified. Reflective Pavement Markers are excluded from the warranty. Any additional
reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. All work is to be completed in a
workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra 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 beyond our control. Due to the fluctuations in the
petroleum markets, All County reserves the right to impose a fuel surcharge. Owner to carry fire tornado and other necessary insurance upon above work. Our workers are
covered by Workmen's Compensation Insurance. " In the event of any litigation or other proceeding arising out of this agreement, the prevailing party shall be entitled to
collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. This proposal/contract including all terms and conditions shall
become a legally binding attachment to any contract entered into between All County Paving and the financially responsible company for which the work will be performed.
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 OF PROPOSAL:
Signature of Approval by Client
Printed Name and Title Date
Sales Representative Contact Information:
Josh Marfleet
Sales
Jmarfleet(a)allcountypaving,com
Page 3 of 3
M&M Asphalt Maintenance Inc., d/b/a All County Paving
Office 561-588-09491 Fax 561-588-2140 11180 SW 10`h Street, Delray Beach, FL 33444
Office 407-610-8069 1 Fax 407-380-200116648 Old Cheney Highway Unit D, Orlando, FL 32807
infoCuD,allcountypaving.com
Members of ICSC, CAI, SEFAA, IREM, CREW, AAGO, BBB, FTBA, FHEA, UCA, ABC, NAIOP, BOMAA, FHBA, APWA, PRSM, NEYRA
�'" FDOT CERTIFIED CONTRACTORS Vi
Note: All County cannot work around vehicles. Management is responsible for towing when owners fail to comply with paving and/or seal coat schedule.
Proposal # 2018.01.08.02 JW