R2019-35 Anchorage Park Bulkhead LandscapingRESOLUTION 2019-35
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A PROPOSAL FROM
PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC.
FOR THE PURCHASE, DELIVERY AND INSTALLATION OF LANDSCAPING
MATERIALS FOR THE ANCHORAGE PARK BULKHEAD AREA AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
CONTRACT FOR SUCH SERVICES; WAIVING THE VILLAGE'S
PURCHASING POLICES AND PROCEDURES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Village Staff retained the services of Gentile, Glas, Holloway, O'Mahoney &
Associates, Inc. to prepare landscape plans as part of the Master Plan for Anchorage Park; and
WHEREAS, Precision Landscape Company of Palm Beach County, Inc. ("Precision"), the
Village's landscape maintenance contractor, provided a proposal for the landscaping improvements
for the Anchorage Park bulkhead area and Village Staff recommends accepting the proposal
submitted by Precision; and
WHEREAS, the Village Council determines that adoption of this Resolution accepting the
proposal from Precision 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 recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves and accepts the proposal from Precision
Landscape Company of Palm Beach County, Inc. for the purchase, delivery and installation of
landscaping materials for the Anchorage Park bulkhead area at a total cost of $36,881.00, with funds
expended from Account No. U8028-66210 (Anchorage Park — Construction & Major Renovation).
The Village Council further authorizes the Mayor and Village Clerk to execute a Contract for
such services, a copy of which is attached hereto and incorporated herein by reference.
Section 3. In approving this purchase, the Village Council hereby by waives any conflicting
provisions of the Village's purchasing policies and procedures.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 251H DAY OF APRIL, 2019.
(Village Seal)
ATTEST:
VILLAGE CLERK
1
i
MAYOR
CONTRACT
This Contract is made as of the gSVA day of 41X I % , 2019 by and between the
VILLAGE OF NORTH PALM BEACH, municipal corporation organized and existing under the
laws of the State of Florida, hereinafter referred to as VILLAGE, and PRECISION LANDSCAPE
COMPANY OF PALM BEACH COUNTY, INC., a Florida corporation, hereinafter referred to as
CONTRACTOR, whose Federal I.D. No is 65-0604201.
WHEREAS, the VILLAGE sought a proposal for landscaping enhancements to the Anchorage Park
bulkhead area pursuant to a landscape plan prepared by the VILLAGE's consultant ("Work"); and
WHEREAS, CONTRACTOR has provided the VILLAGE with a Proposal for the Work, and the
VILLAGE wishes to retain the services of CONTRACTOR to perform the Work.
NOW, THEREFORE, in consideration of the mutual representations and obligations herein
contained and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR.
CONTRACTOR shall supply, deliver and install the landscaping materials set forth in its Proposal
dated December 11, 2018, a copy of which is attached hereto and incorporated herein by reference.
CONTRACTOR shall perform the Work to that degree of care and skill ordinarily exercised, under
similar circumstances, by reputable members of its vocation practicing in the same or similar
locality at the time such services are performed.
ARTICLE 2. TERM OF CONTRACT.
The term of this Contract shall commence upon the VILLAGE's issuance of a Notice to Proceed
and shall remain in effect until CONTRACTOR completes all services within the scope of this
Contract to the satisfaction of the VILLAGE, unless otherwise terminated in accordance with
Article 8.
ARTICLE 3. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate CONTRACTOR in accordance with
CONTRACTOR's Proposal in an amount not to exceed Thirty -Six Thousand Eight Hundred and
Eighty -One Dollars and No Cents ($36,881.00).
B. CONTRACTOR shall invoice the VILLAGE on a monthly basis based on the percentage of
work performed. Invoices received from CONTRACTOR pursuant to this Contract will be
reviewed and approved by the VILLAGE's representative, indicating that the Work has been
provided and rendered in conformity with the Contract and then will be sent to the Finance
Department for payment. CONTRACTOR will invoice the VILLAGE in advance for each
payment period. Invoices will normally be paid within thirty (30) days following the VILLAGE
representative's approval.
C. Work undertaken or expenses incurred that exceeds an amount set forth in the Proposal
without prior written authorization from the VILLAGE shall be the liability of the CONTRACTOR.
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D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. 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 Work has 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 the Work.
ARTICLE 4. INSURANCE.
A. Prior to execution of this Contract by the VILLAGE, CONTRACTOR shall provide
certificates evidencing insurance coverage as required hereunder. All insurance policies shall be
issued by companies authorized to do business under the laws of the State of Florida. The
Certificates shall clearly indicate that CONTRACTOR has obtained insurance of the type, amount,
and classification as required for strict compliance with this Article and that no material change or
cancellation of the insurance shall be effective without thirty (30) days prior written notice to the
VILLAGE'S representative. Compliance with the foregoing requirements shall not relieve
CONTRACTOR of its liability and obligations under this Contract.
B. CONTRACTOR shall maintain, during the life of this Contract, Commercial General
Liability insurance in the amount of $1,000,000.00 in aggregate 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, whether such operations
be by CONTRACTOR or by anyone directly employed by or contracting with CONTRACTOR.
C. CONTRACTOR shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the minimum amount of $1,000,000 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 whether such operations be by CONTRACTOR or by anyone directly or indirectly
employed by CONTRACTOR.
D. The parties to this Contract shall carry Workers' Compensation Insurance and Employer's
Liability Insurance for all employees as required by Florida Statutes. In the event that a party does
not carry Workers' Compensation Insurance and chooses not to obtain same, then such party shall.
in accordance with Section 440.05, Florida Statutes, apply for and obtain an exemption authorized
by the Department of Insurance and shall provide a copy of such exemption to the VILLAGE.
E. All insurance, other than Worker's Compensation, to be maintained by CONTRACTOR
shall specifically include the VILLAGE OF NORTH PALM BEACH as an "Additional Insured".
ARTICLE 5. PERSONNEL.
A. CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be employees
of or have any contractual relationship with the VILLAGE.
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B. All of the Work required hereunder shall be performed by CONTRACTOR or under its
supervision, and all personnel engaged in performing the Work (including subcontractors) shall be
fully qualified and, if required, authorized or permitted under state and local law to perform such Work.
C. All of CONTRACTOR's personnel (and all subcontractors) while on VILLAGE premises,
will comply with all applicable requirements governing conduct, safety, and security, provided,
however, that CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.
ARTICLE 6. 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 the 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
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 waiver provided in § 768.28,
Florida Statutes.
ARTICLE 7. INDEPENDENT CONTRACTOR.
CONTRACTOR is, and shall be, in the performance of services pursuant to this Contract, an
independent contractor and not an employee, agent or servant of the VILLAGE. All persons
engaged in any services performed pursuant to this Contract shall at all times, and in all places, be
subject to CONTRACTOR's sole discretion, supervision and control, and CONTRACTOR shall
exercise sole control over the means and manner in which its employees, consultants and
subcontractors perform such services.
ARTICLE 8. TERIVIINATION.
This Contract may be terminated by CONTRACTOR upon ten (10) days' prior written notice to the
VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of CONTRACTOR. It may also be
terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days'
written notice to the CONTRACTOR. Unless CONTRACTOR is in breach of this Contract,
CONTRACTOR shall be paid for Work rendered to the VILLAGE's satisfaction through the date
of termination. After receipt of a Termination Notice and except as otherwise directed by the
VILLAGE, CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
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B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
C. Transfer all work in progress, completed work, and other materials related to the terminated
work to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 9. SUCCESSORS AND ASSIGNS.
The VILLAGE and CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this Contract.
Except as above, neither the VILLAGE nor CONTRACTOR shall assign, sublet, convey or transfer
its interest in this Contract without the written consent of the other. Nothing herein shall be
construed as creating any personal liability on the part of any officer or agent of the VILLAGE
which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to
anyone other than the VILLAGE and CONTRACTOR.
ARTICLE 10. ACCESS AND AUDITS.
CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs incurred
in estimating and performing the Work for at least three (3) years after completion of this Contract.
The VILLAGE shall have access to such books, records, and documents as required in this
ARTICLE for the purpose of inspection or audit during normal business hours, at
CONTRACTOR's place of business. In no circumstances will CONTRACTOR be required to
disclose any confidential or proprietary information regarding its products and service costs.
ARTICLE 11. ENFORCEMENT COSTS.
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.
ARTICLE 12. PROTECTION OF WORK AND PROPERTY.
A. The 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, the CONTRACTOR shall provide any necessary materials to maintain such protection.
B. The 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.
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ARTICLE 13. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Attn: Andrew D. Lukasik, Village Manager
Village Hall
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
Precision Landscape Company of Palm Beach, Inc.
1320 South Killian Drive
Lake Park, FL 33403
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 14. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and CONTRACTOR agree that this Contract, including all documents referenced
herein, 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.
ARTICLE 15. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include the
singular. The term "Contract" as used herein, as well as the terms "herein", "hereof', "hereunder",
"hereinafter" and the like mean this Contract in its entirety and all exhibits, amendments and
addenda attached hereto and made a part hereof. The captions and paragraph headings are for
reference and convenience only and do not enter into or become a part of the context of this
Contract, nor shall such headings affect the meaning or interpretation of this Contract.
ARTICLE 16. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
ARTICLE 17. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contractor exhibits, amendments and addenda
attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may
at its option and without notice terminate this Contract.
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ARTICLE 18. EXHIBITS AND CONTRACT DOCUMENTS.
All exhibits and other documents referred to in this Contract form an essential part of this Contract.
The exhibits and other documents, if not physically attached, should be treated as part of this
Contract and are incorporated herein by reference.
ARTICLE 19. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 20. SURVIVABILITY.
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.
ARTICLE 21. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
officers, employees and agents for each required policy. When required by the insurer, or should a
policy condition not permit an insured to enter into a pre -loss agreement to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre -loss basis.
ARTICLE 22. WARRANTY.
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, or as otherwise stated in the Proposal.
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.
ARTICLE 23. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal right
to execute and deliver this Contract and perform all of its obligations under this Contract.
ARTICLE 24. GOVERNING LAW, VENUE AND REMEDIES.
A. This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce this Contract will be held in Palm Beach County.
B. 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.
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C. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive
any right they may have to a trial by jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 25. FEDERAL AND STATE TAXES.
The VILLAGE is exempt from federal tax and state sales tax and use taxes. Upon request, the
VILLAGE shall provide an exemption certificate to CONTRACTOR. CONTRACTOR is not
exempt from paying sales tax to its suppliers for materials used to fulfill its obligations under this
Contract, nor shall CONTRACTOR be authorized to use the VILLAGE's tax exemption number in
securing such materials.
ARTICLE 26. 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 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 Documents justifying termination.
ARTICLE 27. PUBLIC RECORDS.
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;
NPBCLERK(a,VILLAGE-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 requires 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.
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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.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract %s of tlwday and year first above written.
Is
BY: v
Print Name: Vill
Title: �r e
VILLAGE OF NORTH PALM BEACH
BY: Zan6e�j --�'
DARRYLAUE#EY
MAYOR
ATTEST:
BY':
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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9450 Old Dixie Hwy
North Palm Beach, FL 33403
561.881.8866 - Office
561-840-4247 - Ibis Office
E-mail
sandra@precisionlandscapeco.com
Village of North Palm Beach
ATTN: Myrna Williams
501 US Highway One
North Palm Beach, FL 33408
Estimate
Date
Estimate #
12/11/2018
17878
Item
Description
Rate
Qty
Total
Anchorage Park Phase 2
East
Trees and Palms
Silver Button...
Silver Buttonwood (12') Multi -trunk
600.00
5
35000.00
Sabal Palm (...
Sable Palm (15-20'OA) 1/3 Curved, Mixed
260.00
35
9,100.00
heights, Hurricane cut, and slick trunks
Oak, Live 65gl
Install (65gl) Live Oak (approx 16')
1,200.00
3
35600.00
Shrubs and Ground Cover
Coco -Plum
Install (3gl) Horizontal Cocoplum
12.00
290
3,480.00
Grass
Install (3gl) Sand Cord grass
10.00
271
2,710.00
Fakahatchee ...
Install (3gl) Fakahatchee Grass
10.50
49
514.50
West
Trees and Palms
Silver Button...
Silver Buttonwood (12') Multi -trunk
600.00
1
600.00
Clusia Stand...
Clusia Standard Small Leaf (12')
450.00
2
900.00
Sabal Palm (...
Sable Palm (15-20'OA) (15-20'OA) 1/3
260.00
48
12,480.00
Curved, Mixed heights, Hurricane cut, and
slick trunks
Oak, Live 65gl
Install (65gl) Live Oak (approx 16')
1,200.00
5
600.00
Shrubs and Ground Cover
Quoted prices are based on complete acceptance of all items in this estimate.
*Partial approvals may warrant additional charges.
All estimates over $500 require a 50% deposit, prior to work commencement.
If you would like to pay by credit card, please contact our office.
Prices quoted are valid for 90 days from date of estimate.
Signature
Total
Page 1
9450 Old Dixie Hwy
North Palm Beach, FL 33403
561.881.8866 - Office
561-840-4247 - Ibis Office
E-mail
sandra@precisionlandscapeco.com
Village of North Palm Beach
ATTN: Myrna Williams
501 US Highway One
North Palm Beach, FL 33408
Estimate
Date
Estimate #
12/11/2018
17878
Item
Description
Rate
Qty
Total
plants
Install (1gl) Beach Verbena
11.00
490
5,390.00
plants
Install (lgl) Dunes Sunflower
11.00
850
9,350.00
Grass
Install (3gl) Sand Cord Grass
10.00
110
1,100.00
Fakahatchee ...
Install (3gl) Fakahatchee Grass
10.50
101
1,060.50
Quoted prices are based on complete acceptance of all items in this estimate.
*Partial approvals may warrant additional charges.
All estimates over $500 require a 50% deposit, prior to work commencement.
If you would like to pay by credit card, please contact our office.
Prices quoted are valid for 90 days from date of estimate.
Signature
Total $59,285.00
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