R2019-08 Anchorage Park Marina Electrical WorkRESOLUTION 2019-08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE PROPOSAL OF
MINUTEMAN ELECTRIC, INC. FOR THE INSTALLATION OF A CIRCUIT
PANEL AND RELATED ELECTRICAL WORK AT THE ANCHORAGE PARK
MARINA AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in accordance with the Village's purchasing policies and procedures, Village Staff
solicited quotes for the installation of a circuit panel and related electrical work at the Anchorage
Park Marina; and
WHEREAS, Village Staff recommended approval of the lowest quote from Minuteman Electric,
Inc. at a total cost of $21,950.00; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the residents and citizens 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 "whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council accepts the proposal of Minuteman Electric, Inc. for the
installation of a circuit panel and related electrical work at the Anchorage Park Marina and authorizes
the Mayor and Village Clerk to execute a Contract for such services, a copy of which is attached
hereto and incorporated herein. The total amount of the Contract shall not exceed $21,950.00, with
funds expended from Account No. A5519-34620 (Facility Services / R & M - Building & Grounds).
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS /-'+ DAY OF JA'' TT T " "" ""' "
(Village Seal)
ATTEST:
VILLAGE CLERK
CONTRACT
This Contract is made as of this W40 day of �� , 20191 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 MINUTEMAN
ELECTRIC, INC., 8902 N. Elizabeth Avenue, Palm Beach Gardens, Florida 33418, a Florida
corporation (hereinafter "CONTRACTOR"), whose F.E.I. Number is 65-0406943.
RECITALS
WHEREAS, in accordance with its purchasing policies and procedures, the VILLAGE solicited
written quotes for the installation of a circuit panel and the provision/restoration of electricity to
the boat slips at the VILLAGE's Anchorage Park Marina ("Work"); and
WHEREAS, CONTRACTOR has agreed to perform the Work in accordance with the terms and
conditions of this Contract.
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. CONTRACTOR's Services and Time of Completion.
A. Contractor shall perform the Work in accordance with the terms of its Proposal dated
December 21, 2018, a copy of which is attached hereto and incorporated herein by
reference. This Contract shall remain in effect until such time as the Work is completed,
inspected and accepted by the VILLAGE, provided, however, that any obligations of a
continuing nature shall survive the expiration or termination of this Contract.
B. The total cost of the Work shall not exceed $21,950.00.
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.
3. 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
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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.
4. Insurance.
During the term of this Contract, CONTRACTOR shall maintain the following minimum
insurance coverages and provide certificates evidencing such coverage to the Village (all
insurance policies shall be issued by companies authorized to do business under the laws of
the State of Florida):
A. CONTRACTOR shall maintain, during the life of this Contract, commercial general
liability, including contractual liability insurance in the amount of $1,000,000 per
occurrence to protect 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 Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, comprehensive
automobile liability insurance in the minimum amount of $500,000 combined single limit
for bodily injury and property damages liability to protect 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.
C. CONTRACTOR shall carry Workers' Compensation Insurance and Employer's Liability
Insurance for all employees as required by Florida Statutes.
D. All insurance, other than Worker's Compensation, Automobile and Professional Liability
Insurance, to be maintained by CONTRACTOR shall specifically include the VILLAGE
as an "Additional Insured".
5. 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.
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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 survive completion of all services, obligations and duties provided for
in this Contract as well as the termination of this Contract 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.
6. 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.
7. Warranty/Guaranty.
CONTRACTOR warrants that all Work, including goods and services, provided under this
Contract will be free of defects in material and workmanship for a period of one (1) year
following completion of the Work and successful final inspection. Should any Work fail to
comply with this warranty during the warranty period of one (1) year, upon written notification
from the VILLAGE, CONTRACTOR shall immediately repair or replace said defective
materials and/or workmanship at CONTRACTOR's sole expense. The CONTRACTOR shall
provide the VILLAGE with copies of all manufacturer warranties and certify that the Work
complies with the conditions set forth in such warranties, if any.
8. 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.
9. Protection of Work and Property.
A. CONTRACTOR shall continuously maintain adequate protection of all Work from
damage, and shall protect the VILLAGE's property and adjacent private and public
property from injury or loss arising in connection with the Contract. Except for any such
damage, injury, or loss, except that which may be directly due to errors caused by the
VILLAGE or employees of the VILLAGE, CONTRACTOR shall provide any necessary
materials to maintain such protection.
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B. Until acceptance of the Work by the VILLAGE, the VILLAGE's property shall be under
the charge and care of CONTRACTOR and CONTRACTOR shall take every necessary
precaution against injury or damage to the work by the action of elements or from any
other cause whatsoever, and CONTRACTOR shall repair, restore and make good,
without additional Work occasioned by any of the above causes before its completion and
acceptance.
C. CONTRACTOR will also take every necessary precaution to ensure the safety of the
VILLAGE, public and other guests and invitees thereof at or near the areas where work is
being accomplished during and throughout the completion of all work.
10. 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. CONTRACTOR is, and shall be, in the performance of all Work under this Contract, an
Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All
persons engaged in any of the Work performed pursuant to this Contract shall at all times,
and in all places, be subject to CONTRACTOR's sole direction, supervision, and control.
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the Work.
C. 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.
D. 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.
E. 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
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.
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F. 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.
G. 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.
H. 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; NPBC ER:I ct)VLLAGE-�NPB.ORC; 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 request from the VILLAGE's custodian of public records, in a
format that is compatible with the information technology systems of the
VILLAGE.
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I. 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.
MINDEM 4LYCTRIC, INC.
0
Print Name: G0Afv' ' M
Position: ?4o"Iom--��
DAVID I
MAYOR
ATTEST:
4
MELISSA TEAL
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VILLAGE ATTORNEY
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g iUmnT
Estimate
8902 N. Elizabeth Avenue Liemse Number, tic 13001,590
Palin Beach Gardens, .F1 334 i 8
Phone 561 625 1776 [TATE ESTIMATE #
Fax 561 627 4876 12/21/2018 4482
NAME/ADDRESS
The Village of North Palm Beach
645 Prosperity Farms Road
North Palm Beach, FL.. 33403
561 691 3440
PROJECT
DESCRIPTION
QTY
COST
TOTAL
Marina Project * �*
Install a 400anip NEMA 4X Main Breaker 42 circuit ..Panel with a. 200 amp, 100 amp
21,950.00
21,950.00T
and 20 amp circuit breakers. Total amount for the job
Install a 400 amp Aluminum N4eter can (they don't come in stainless steel) with ground
cods and copper bond.
Install a. stainless steel rack to mount all of the electrical equipanent on.
Terminate the 4" PVC pipe into the new equipment using schedule 30 components.
Install parallel run of 3/0 copper from the FP&L pole to the new 400 amp service
Install a 1-I/4" schedule 80 conduit from the old underground box to the new panel
location, terminate the #3 copper feeders (supplied by N.P.B. as stated) to the 100 amp
breaker. Terminate the wire inside the underground box. using weatherproof splices.
*** Paces good for 30 days µ*�
**Includes permit fees ***
"* All trenching done by the Village of North Palm Beach as stated. *�
Sales Tax
0.00%
0,00
We look forward in working with. you. Sincerely Chas.
TOTAL $27.,950.00