Loading...
2009-62 Annual Street Overlay Paving ContractRESOLUTION 2009-62 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AWARDING A CONTRACT TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE OVERLAY PAVING OF VILLAGE STREETS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village wishes to proceed with its annual street overlay paving program; and WHEREAS, Village Administration recommends that the contract be awarded to Charles S. Whiteside, Inc. by piggy backing the existing Palm Beach County Contract No. 2009053, Annual Pathway and Minor Construction; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village. 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 the contract with Charles S. Whiteside, Inc. far the overlay paving of designated Village streets and authorizes the Mayor and Village Clerk to execute the contract on behalf of the Village. Section 3. The cost of this contract shall not exceed $285,376.00 and shall be funded utilizing budgeted funds from Account #A7321-66210 (Public Works -Street & Grounds Maintenance -Construction and Major Renovation). Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 22nd DAY OF OCTOBER, 2009. (Village Seal) ATTEST: MAYOR • ~--~ VILLAG CLERK CONTRACT FOR STREET OVERLAY PAVING This Contract is made as of the v7~?~GC day of ~(~~p,~~7~, 2009, by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, FL, 33408, a Florida municipal corporation (hereinafter "VILLAGE"), and CHARLES S. WHITESIDE, INC, 250 Truck and Trailer Way, West Palm Beach, FL 33413, a Florida corporation (hereinafter "CONTRACTOR"), whose Federal I.D. is 59-1968075. RECITALS WHEREAS, the VILLAGE is in need of a contractor to perform overlay paving services of designated Village roadways as part of its annual maintenance program; and WHEREAS, Palm Beach County, through its competitive selection process, awarded County Contract No. 2009053 to the CONTRACTOR for the County's annual pathway and minor construction requirements; and - WHEREAS, the VILLAGE requested and the CONTRACTOR provided a proposal for the VILLAGE'S street paving requirements based on the pricing under County Contract No. 2009053; and WHEREAS, the VILLAGE desires to accept CONTRACTOR's proposal by piggy-backing County Contract No. 2009053 including all terms, conditions and pricing 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. County Contract. County Contract No. 2009053 with the CONTRACTOR, attached hereto as Exhibit "A", dated October 21, 2008, is hereby expressly made a part of this Contract as fully as if set forth at length herein. 3. CONTRACTOR'S Proposal. In accordance with the terms and conditions in County Contract No. 2009053, the CONTRACTOR shall provide all goods and services as stated in its proposal to the VILLAGE and the Scope of Work prepared by the VILLAGE at a cost not to exceed $285,376.00. The CONTRACTOR'S proposal is attached hereto as Exhibit "B" and the Scope of Work is attached hereto as Exhibit "C". Both documents are hereby expressly made a part of this Contract as fully as if set forth at length herein. The goods and services to be provided by the CONTRACTOR shall be commenced subsequent to the execution and approval of this Contract by the VILLAGE and upon written notice from the VILLAGE to proceed. 4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the following order of precedence: a. This Contract b. Exhibit "A" (County Contract No. 2009053) c. Exhibit "B" (CONTRACTOR's proposal). d. Exhibit "C" (Scope of Work) 5. Compensation to CONTRACTOR. Payments by the VILLAGE to the CONTRACTOR under this Contract shall not exceed the amount of compensation stated in the CONTRACTOR's proposal. 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 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. 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 the 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 the CONTRACTOR. The VILLAGE will not be liable for any invoice from the 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 on the County Contract No. 2009053. Extensions or renewals to said County Contract or any modification including new products, terms,. or price changes to the County Contract shall be submitted by the CONTRACTOR to the VILLAGE for approval. In the event the County Contract expires and no new contract is let by the Caunty, the VILLAGE and CONTRACTOR agree that the terms and conditions of this Contract, including the pricing established by County Contract No. 2009053, shall remain in effect for a period of one (1) year from the Effective Date set forth above. 7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all insurance required under the County Contract No. 2009053 with the VILLAGE named as an additional insured. , 8. Warranty/Guaranty. Unless a longer period is stated in the County Contract No. 2009053, 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. 9. 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 maybe 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 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 the 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 maybe 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. 1THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed this Contract as of the day and year first above written. INC. U 1 .~ ~ / ~ d ;Pri~l~~N me: ~~~ ~~ ~~~~~~ ~~~~ ~~ VIL] BY: ATT na i .___._-- BY: MELISSA TEAL, VILLAGE. CLERK APPROVED AS TO FORM AND LEGAL SyU.F~FICIENCY BY•/ LEONARD G. RUBIN VILLAGE ATTORNEY