2006-099 Bid Award Precise Paving for Pool DeckingRESOLUTION 2006-99
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE BID SUBMITTED BY PRECISE PAVING, INC.
FOR DECKING WORK TO BE PERFORMED AT THE VILLAGE POOL FACILITY AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT
RELATING TO SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued an Invitation for Sealed Bids for Village Pool Decking; and
WHEREAS, upon opening the bids received, Village Administration recommended accepting
the bid submitted by Precise Paving at a cost not to exceed $173,738.80; and
WHEREAS, the Village Council determines that the acceptance of the bid recommended by
Village Administration is in the best interests ofthe 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 of the Village of North Palm Beach, Florida, hereby accepts
the bid submitted by Precise Paving, Inc. ("Contractor") for the Village Pool Decking, at a total
cost not to exceed $173,738.80, to be expended from Village Account No. K8501-66210
("Capital Pool Expenses"). The Village Council further authorizes the Mayor and Village Clerk
to execute an agreement with the Contractor for the performance of such services.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 30~' DAY OF NO"'-" `~"~" """'
(Village Seal)
ATTEST:
/~G~ `
~~ ~ ~~~~,
Village Clerk
CONTRACT FOR INSTALLATION OF POOL DECHING
THIS CONTRACT is made as of the 30th_ day of November, 2006, by and between
the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation
(hereinafter referred to as "VILLAGE"); and PRECISE PAVING, INC., a Florida
corporation (hereinafter referred to as "CONTRACTOR"), whose Federal Employer
Identification Number is ~`~ off- `f 3K $ ~ 6
In consideration of the mutual promises contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
ARTICLE 1-SERVICES
The CONTRACTOR'S responsibility under this Contract is to provide paving services as
outlined in the VILLAGE's Invitation to Bid, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by this reference. These services shall specifically
include the removal and disposal of all materials necessary to accomplish the paving
work contemplated by this Agreement at no additional cost.
The Village's representative for this Contract is Mark Hodgkins, Recreation Director.
ARTICLE 2-SCHEDULE
The CONTRACTOR shall commence its services upon issuance of a Notice to Proceed
by the Village and shall coordinates its work schedule with the VILLAGE.
ARTICLE 3-PAYMENTS TO CONTRACTOR
A. Generally - The VILLAGE agrees to compensate the CONTRACTOR in
accordance with the bid submitted by the CONTRACTOR, a copy of which is
attached hereto as Exhibit "B" and incorporated herein by this reference. The
total and cumulative amount of this Contract shall not exceed the amount of funds
budgeted for these services.
B. Payments -Invoices received from the CONTRACTOR pursuant to this Contract
will be reviewed and approved by the VILLAGE's representative, indicating that
services have been 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. Final Invoice - In order for both parties herein to close their books and records,
the CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S
final/last billing to the VILLAGE. This certifies that all 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.
ARTICLE 4-TERMINATION
This Contract may be cancelled by the CONTRACTOR upon thirty (30) 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
the CONTRACTOR It may also be terminated, in whole or in part, by the VILLAGE,
with or without cause, upon thirty (30) days written notice to the CONTRACTOR.
Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be
paid for services 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
the CONTRACTOR shall:
A. Stop work on the date and to the extent specified.
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.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 5-PERSONNEL
The CONTRACTOR represents that it has, or will secure at its own expense, all
necessary personnel required to perform the services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the VILLAGE.
All of the services required hereunder shall be performed by the CONTRACTOR or
under its supervision, and all personnel engaged in performing the services shall be fully
qualified and, if required, authorized or permitted under state and local law to perform
such services.
The CONTRACTOR warrants that all services shall be performed by skilled and
competent personnel to the highest professional standards in the field.
ARTICLE 6-FEDERAL AND STATE TAX
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. The
CONTRACTOR shall not be exempted from paying sales tax to its suppliers for
materials used to fill contractual obligations with the VILLAGE, nor is the
2 ~~
CONTRACTOR authorized to use the VILLAGE'S Tax Exemption Number in securing
such materials.
The CONTRACTOR shall be responsible for payment of its own and its share of its
employees' payroll, payroll taxes, and benefits with respect to this contract.
ARTICLE 7-INSURANCE
A. Prior to execution of this Contract by the VILLAGE, the CONTRACTOR shall
provide certificates evidencing insurance coverage as required by the Invitation to
Bid. 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 the CONTRACTOR has obtained insurance of the type, amount, and
classification as required for strict compliance with the Invitation to Bid 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.
B. The CONTRACTOR shall carry Workers' Compensation Insurance and
Employer's Liability Insurance for all employees as required by Florida Statutes.
C. All insurance, other than Worker's Compensation, to be maintained by the
CONTRACTOR shall specifically include the VILLAGE as an "Additional
Insured".
ARTICLE 8-INDEMNIFICATION
The CONTRACTOR shall indemnify and save harmless and defend the VILLAGE, its
agents, servants, and employees from and against any and all claims, liability, losses,
and/or cause of action which may arise from any negligent act or omission of the
CONTRACTOR, its agents, servants, or employees in the performance of services under
this Contract.
The CONTRACTOR further agrees to indemnify, save harmless and defend 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 conduct or misconduct of
the CONTRACTOR its agents, servants, or employees not included in the paragraph
above and for which the VILLAGE, its agents, servants or employees are alleged to be
liable. Nothing contained in this provision shall be construed or interpreted as consent by
the VILLAGE to be sued, nor as a waiver of sovereign immunity beyond the waiver
provided in Section 768.28, Florida Statutes.
ARTICLE 9-REMEDIES
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
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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.
ARTICLE 10-INDEPENDENT CONTRACTOR RELATIONSHIP
The CONTRACTOR is, and shall be, in the performance of all work, services and/or
activities under this Contract, an Independent Contractor, and not an employee, agent, or
servant of the VILLAGE. All persons engaged in any of the work, services and/or
activities performed pursuant to this Contract shall at all times, and in all places, be
subject to the CONTRACTOR'S sole direction, supervision, and control. The
CONTRACTOR shall exercise control over the means and manner in which it and its
employees perform the work, and in all respects the CONTRACTOR'S relationship and
the relationship of its employees, agents, or servants to the VILLAGE shall be that of an
Independent Contractor and not as employees or agents of the VILLAGE.
The CONTRACTOR does not have the power or authority to bind the VILLAGE in any
promise, agreement or representation other than as specifically provided for in this
agreement.
ARTICLE ll-NONDISCRIMINATION
The CONTRACTOR warrants and represents that all of its employees are treated equally
during employment without regard to race, color, religion, disability, sex, age, national
origin, ancestry, marital status, or sexual orientation.
ARTICLE 12- 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 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:
Mark Hodgkins, Recreation Director
Village of North Palm Beach
1200 Property Farms Road
North Palm Beach, FL 334098
4
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With a copy to:
Mark Bates, Village Manager
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
ia~3 y s T+- STeE~
w. P. (3 fc 3340`
ARTICLE 14- ENTIRETY OF CONTRACTUAL AGREEMENT
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 may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto. No change to the scope of services set forth in
the Invitation to Bid shall be effective unless such change order is presented in writing
and approved by the VILLAGE Manager.
ARTICLE 15- WARRANTY/GUARANTY
CONTRACTOR warrants that its performance of services under this Contract will be free
of defects in materials and workmanship for a period of one hundred and eight (180) days
following completion of those Services or as otherwise provided in the Invitation to Bid.
ARTICLE 16 -PROTECTION OF WORK AND PROPERTY
The CONTRACTOR shall continuously maintain adequate protection of all work from
damage, and shall protect the VILLAGE'S 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.
Until acceptance of the work by the VILLAGE, the VILLAGE'S property shall be under
the charge and care of the CONTRACTOR and the 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 the CONTRACTOR shall repair, restore and make
good, without additional work occasioned by any of the above causes before its
completion and acceptance.
ARTICLE 17 - REPRESENTATIONSBINDING 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 18 -CONTRACT DOCUMENTS AND CONTROLLING PROVISIONS
This Contract consists of the Invitation to Bid, the CONTRACTOR's Response to the
Invitation to Bid and this Contract. The CONTRACTOR agrees to be bound by all the
terms and conditions set forth in the aforementioned documents. To the extent that there
exists a conflict between this Contract and the remaining documents, the terms,
conditions, covenants, andlor provisions of this Contract shall prevail. Wherever
possible, the provisions of such documents shall be construed in such a manner as to
avoid conflicts between provisions of the various documents.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
VILLAGE OF NORTH P
B
ATTEST:
VILLAGE CLERK
Witnesses: INC.
~~ By: fed S
Print Name: /4.n,E ~/~S /T` .
/1 /~ /,) .y'~''~-- Title:
Name: p «FtAQD ~-~/~~A~
6
(VILLAGE SEAL)
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
"eln 7ni 8791
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Marc Kramer, who on oath
says that he is Inside Sales Supervisor of The Palm Beach Post, a daily and Sunday
newspaper, published at West Palm Beach in Palm Beach County, Florida; that the
attached copy of advertising for a $~ in the matter of Pool Decking was published
in said newspaper in the issues of November 5. 2006. Affiant further says that the
said The Post is a newspaper published at West Palm Beach, in said Palm Beach
County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered
as second class mail matter at the post office in West Palm Beach, in said Palm Beach
County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that she/he has neither paid nor
promised any person, firm or corporation any discount rebate, commission or refund
for the purpose of securing this advertisement for publication in the said newspaper.
w ~~
Sworn to and subscribed before 6`h day of Nove er A.D. 2006
Personally known XX or Produced Identification
Type of Identification Produced
NOTARY PUBLIC•STATE CF F;,D,R;~;
Kristen J. MaXfiel;
Commission # bLt528bts r
Bonded T~~11't?S: M,I~R. 14, 20't
tuu Atlantic F3cnding co., ir.
iealed'blds will be received
by the Village of North Palm
Beach, Florida, at the VII-
lage Manager's office, Vil-
lage Nall, Borth Palm
Beach,'flonda, until:
3:00 P.M.
Noverirber t7, 2008
at which, time theyppwill be
thpe V(Ilage Manager'sutif
Such Bids are to provide for
the furnishing ot:
Pool Decking
The contract shall be
awarded to the responsible
bidder which 9ald qqualitica-
lions shall enable the
ewardlfig authority of the
.Village to take Into consid-
eration the financial respon-
sibility of the bidder, proven
skill and exper(ence, facili-
ties,torperforming the con-
tract, previous satisfactory
performance ahd such other
.abilities of the Wdder as will
enable him to perform effi-
ciently the contract, bid
Theenvelope ~containing the
Bld shall be marked as fol•
lows:
SEALED BID -Village Poo
Deck(ng
.VENDOR'S NAME
TO BE OPENED 3:00 P.M.
November 17, 2008
No Bidder may wlthdraw.hli
days after the sate ser nor
the opening thereof.
The Villagge reserves the right
to re act any or all bids; In
who~e or Ih part, and/or
make awards ether as Indi-
vidual Items or as a total
combined bid, whichever it
considers In the best Inter-
est of the Village;, and to
waive any iniormai~ry in any
NORTH PALM BEACH'
Mark Batea, VUlage~M P~ r
PUB:-The Palm 88ee
November 5, 2008 •
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~~ Precise Paving Inc.
1243 45th Street ``£
West Palm Beach, FI.33407
TEL: (561) 845-6040
FAX: (561) 845-1787
ESTIMATE # DATE REQUIRED EST. INSTALL DATE DATE
1024061000 to be advised to be advised October 24, 2006
TEL. /FAX SHIP VIA JOB
841-3369 / 848-4092 Paver S stems deck overla
CUSTOMER SHIP TO
North Palm Beach Aquatic Center North Palm Beach Aquatic Center
951 US Highway One 951 US Highway One
North Palm Beach, FI. 33408 North Palm Beach, FI. 33408
Attn. Charles Cangianelli
QTY. JOB DESCRIPTION AMOUNT
36,150 SF Concrete Pavinsl Stones
Shape: 4" x 8" x 2-3/8"
Color: standard color - to be specified.
Installation to Include:
>Excavate existing coping on main pool.
>Furnish and install new bullnose coping around pool perimeter of main pool.
>Furnish and install specified paver using standard sand set installation techniques.
>Edge restraints to be pave edge or perimeter paver set in thin-set and/or mortar.
>Fill all joints 4' from coping with polymeric joint sand.
>Extend all deck drains to new deck elevation. Install "new" brass grates.
>Furnish and install K-100 channel in front of pro-shop and connect to deck drain.
>Excavate concrete in front of pro-shop necessary to adjust elevations and achieve
positive drainage. Furnish and install 4" compacted rock base.
>Excavate necessary concrete at golf pro shop. Furnish and install 4" compacted
crushed concrete base in "new" extended deck area.
>Excavate 4' of concrete on north, east and west side of deck: Backfill with 4"
compacted crushed concrete base.
>Adjust all elevations at doors and openings to be ADA compliant.
Exclusions:
>Testing, irrigation, drainage (other than mentioned), landscape.
>Coping and/or installation of coping on kiddie-pools.
>Removal and/or installation of fence or barricades.
Note: New perimeter coping to be flush with new deck elevation. All new elevations
to be approximately 3" above existing except at pro-shop where deck is flush.
Note: Precise Paving Inc., not responsible for any installation of and/or damage to
underground utilities. ~ I ~`~ .
m
Note: Attached with this bid is a bid bond in the amount of ~_^~-~-s (no
t' luded
in contract total), which shall be refunded to Precise Paving Inc., immediately if not
awarded the contract or u on issue of erformance bond if awarded contract.
TOTAL $225,219.54
All Material guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alterations or deviations trom above specifications Involving
extra costs volt be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.
Our Workers are fully covered by Workmen's Compensation Insurance. In the event Precise Paving, Inc. Is forced into litigation prompted by non payment of contract, Precise Paving, Inc. shall be
entitled to full reimbursement of contrail plus interest and all reasonable legal expenses. /Ly
BUYER -Authorized Signature Precis~'avi
Robert Goossens, President
Date
VILLAGE OF NORTH PALM BEACH
BID FOR POOL DECKING
Bidding Company: Q Rt G(S E ~(~- V I ~ Cs ~ of ~- Phone: ($!el) ~ `t J ~ 6a'to
Address: (ay3 ~ S Ttf STQ~"~'r Fax # : (sal) 1~`tJ -1?g7
City:_W~Sr Pkc..w~ (3E79-~- State: -P'C. Zip: 33'~p7
Contact person: ~03 ~'LT ~srso tS ~~ S .
If your company is unable to submit a bid for this project, please mark the box that applies to your situation
( ) Unable to provide services on date requested.
( ) Unable to meet specifications on bid.
( ) Not enough time to respond to bid request.
( )
Please consider our company for the next opening (~ Yes ( ) No
BID TO THE VILLAGE OF NORTH PALM BEACH, FLORIDA
REMARKS/EXCEPTIONS:
~ r~~ •~ 7 oESc~e, eE5 iiCG~~~ro~v ado ic'oGE ICES ~ ah.~f ~ N ENt~~cr,4rN,~cNT-~2a~
/TEy+'1 ~'7 G~i-tc_ ~oQ uSi~V 6~iSrr~vlr G•,C.l~~S f~~dl/t1)C wE- cr-rc.c..
/3 ~i ~urC~vsf iti.vG + INS 7A'GG r•'r(s NG~'' lr~+rFS
Officers of Corporation or Members of Partnership:
Name Title Address
~o~St~T ~'cXSSSe~S P~-~co~•rr- 6Z1 Krwtrfls•!t- Q~. N•P.ts.if'c.
M i ~ rre c. h A2r(rJ s mac. ~re2c~ s ~ y Ss~ (07 rw .~,l.,L iv. P. Q. G.~ ,mac.,
Firm: P~EGIS~ ~j}-vl.~, , ~ N~•
•ation P ership ()Individual
Signed by:
Title: •~ ~~ ~ ~ G'~r
WITNESS: ~ J~ /J/J
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K~Ka~r~~ ~ . W ~~ l
ADDRESS:
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