R2024-86 Anchorage Park Boat Ramp ReplacementRESOLUTION 2024-86
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, ACCEPTING A PROPOSAL FROM FERREIRA
CONSTRUCTION CO. INC. FOR THE ANCHORAGE PARK BOAT RAMP
REPLACEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Village Staff issued a Request for Proposals for the Anchorage Park Boat Ramp
Replacement; and
WHEREAS, the Selection Committee recommended accepting the highest -ranked proposal submitted
by Ferreira Construction Co. Inc.; and
WHEREAS, the Village Council wishes to execute a Contract with Ferreira Construction Co. Inc. and
determines that the adoption of this Resolution is in the best interests of the Village and its residents.
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 accepts the proposal submitted by Ferreira Construction Co.
Inc. for replacement of the Anchorage Park boat ramp at a cost not to exceed $446,947.70, with funds
expended from Infrastructure Surtax Account No. I8028-66210 (Parks and Recreation — Construction
and Major Renovation). Including contingency, the total project budget shall be $536,337.24. 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.
Section 3. This Resolution shall take effect immediately upon its adoption.
PASS DOPTED THIS 26TH DAY OF SEPTEMBER, 2024.
ORT•hA9
A'
MAYOR
ATTEST:
UVILLACE CLERK
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CONTRACT
This Contract is made as of the 26th day of September, 2024, by and between the VILLAGE OF
NORTH PALM BEACH, a municipal corporation organized and existing under the laws of the State
of Florida, hereinafter referred to as the VILLAGE, and FERREIRA CONSTRUCTION CO. INC., a
foreign corporation authorized to do business in the State of Florida, hereinafter referred to as
VENDOR.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
VENDOR shall provide to the VILLAGE all goods and services necessary to provide Anchorage
Park Boat Ramp Replacement Services pursuant to the terms and conditions of this Contract.
SECTION 1: SCOPE OF SERVICES OF THE VENDOR.
The Scope of Work is for Anchorage Park Boat Ramp Replacement Services in accordance with
the Request for Proposals issued by the Village (“Work”).
SECTION 2: TERM OF CONTRACT.
A. The term of the Contract shall commence upon the VILLAGE’s issuance of a Notice to
Proceed and shall remain in effect until all Work is completed. Delivery and installation shall be
coordinated by the VILLAGE and VENDOR, provided, however, that all Work shall be completed
within ninety (90) days of the issuance of a Notice to Proceed.
B. VENDOR shall not be entitled to an increase in the agreed to compensation in this Contract
or payment or compensation of any kind from the VILLAGE for direct, indirect, consequential,
impact or other costs, expenses, or damages.
SECTION 3: VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be Chad Girard,
Director of Public Works. The Village Manager or Village Representative shall have the right at all
reasonable times during the term of this Contract to inspect or otherwise evaluate the work being
performed thereunder and the premises in which it is being performed.
SECTION 4: COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate VENDOR for providing Anchorage Park Boat Ramp
Replacement Services and for which Purchase Orders are issued in accordance with VENDOR’s
Proposal. The Request for Proposals issued by the VILLAGE and VENDOR’s Proposal submitted
in response to the RFP are hereby incorporated herein by reference.
B. In order for both parties herein to close their books and records, VENDOR will clearly state
final invoice” on VENDOR’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 VENDOR. The VILLAGE will not be liable for any invoice from the
VENDOR submitted thirty (30) days after the provision of all goods and services.
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SECTION 5: INDEMNIFICATION.
A. VENDOR 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 VENDOR, its agents, servants, or employees in the
performance of services under this Contract.
B. VENDOR 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 VENDOR 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.
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 VENDOR, nor shall this Contract be
construed a waiver of sovereign immunity beyond the waiver provided in §768.28, Florida Statutes.
SECTION 6: PERSONNEL.
A. VENDOR represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Contract.
B. All of the services required hereunder shall be performed by VENDOR 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.
C. All of VENDOR’s personnel (and all subcontractors) while on VILLAGE premises, will
comply with all VILLAGE requirements governing conduct, safety, and security.
SECTION 7: TERMINATION.
This Contract may be cancelled by VENDOR 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 VENDOR. It may also be terminated,
in whole or in part, by the VILLAGE without cause upon thirty (30) days written notice to VENDOR.
The VILLAGE may also terminate this Contract with written notice of cause to VENDOR, who fails
to cure such cause within ten (10) days of the receipt of the VILLAGE’s notice. Unless the VENDOR
is in breach of this Contract, VENDOR 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, VENDOR 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; and
D. Continue and complete all parts of the work that have not been terminated.
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SECTION 8: FEDERAL AND STATE TAX.
The VILLAGE is exempt from payment of Florida State Sales and Use Tax. Unless purchased directly
by the VILLAGE, the VENDOR shall not be exempted from paying sales tax to its suppliers for
materials used to fill contractual obligations with the VILLAGE, nor is the VENDOR authorized to
use the VILLAGE’s Tax Exemption Number in securing such materials.
SECTION 9: INSURANCE.
A. Prior to commencing any work, VENDOR shall provide certificates evidencing insurance
coverage as required in the Request of Proposals. 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 VENDOR has obtained insurance of the type, amount, and classification as required for strict
compliance with this Section 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. Failure to
comply with the foregoing requirements shall not relieve the VENDOR of its liability and obligations
under this Contract.
B. 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.
C. All insurance, other than Worker’s Compensation, to be maintained by VENDOR shall
specifically include the VILLAGE as an Additional Insured.
SECTION 10: SUCCESSORS AND ASSIGNS.
The VILLAGE and VENDOR 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 VENDOR 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
VENDOR.
SECTION 11: DISPUTE RESOLUTION, LAW, VENUE AND 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 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. The VILLAGE and
VENDOR knowingly, voluntarily, and intentionally waive any right they may have to trial by
jury with respect to any litigation arising out of or in connection with this Contract.
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SECTION 12: INDEPENDENT CONTRACTOR RELATIONSHIP.
VENDOR is, and shall be, in the performance of all Services under this Contract, an Independent
Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of
the Services performed pursuant to this Contract shall at all times, and in all places, be subject to
VENDOR’s sole direction, supervision, and control. VENDOR shall exercise control over the means
and manner in which it and its employees perform the Services.
SECTION 13: ACCESS AND AUDITS.
VENDOR shall maintain adequate records to justify all charges, expenses and costs incurred in
estimating and performing the Services 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 section for
the purpose of inspection or audit during normal business hours, at VENDOR’s place of business. In
no circumstances will VENDOR be required to disclose any confidential or proprietary information
regarding its products and service costs.
SECTION 14: NONDISCRIMINATION.
VENDOR 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.
SECTION 15: 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.
SECTION 16: SEVERABILITY.
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.
SECTION 17: MODIFICATIONS OF WORK.
A. The VILLAGE reserves the right to make changes in the work, including alterations,
reductions therein or additions thereto. Upon receipt by VENDOR of the VILLAGE’s notification of
a contemplated change, VENDOR shall, in writing: (1) provide a detailed estimate for the increase or
decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change
in the completion date, and (3) advise the VILLAGE if the contemplated change shall affect
VENDOR’s ability to meet the completion dates or schedules of this Contract.
B. If the VILLAGE so instructs in writing, VENDOR shall suspend work on that portion of the
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work affected by the contemplated change, pending the VILLAGE’s decision to proceed with the
change.
C. If the VILLAGE elects to make the change, the VILLAGE shall initiate a Change to the
Purchase Order and VENDOR shall not commence work on any such change until such revised
Purchase Order is received.
SECTION 18: PUBLIC ENTITY CRIMES.
VENDOR acknowledges and agrees that a person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply
on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals or replies on leases of real property to a public entity; may not
be awarded or perform work as a vendor, supplier, contractor, or subcontractor under a contract with
any public entity; and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of thirty-
six (36) months following the date of being placed on the convicted vendor list. VENDOR will advise
the VILLAGE immediately if it becomes aware of any violation of this statute.
SECTION 19: PROTECTION OF WORK AND PROPERTY.
A. VENDOR 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, VENDOR shall provide any necessary materials
to maintain such protection.
B. VENDOR 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.
SECTION 20: WARRANTY/GUARANTY.
VENDOR warrants that its goods and services under this Contract will be free of defects in materials
and workmanship for a period of one (1) year following the provision of said goods and services.
SECTION 21: COMPLIANCE WITH LAWS.
VENDOR shall, in performing the services contemplated by this Contract, faithfully observe, and
comply with all federal, state, and local laws, ordinances and regulations that are applicable to the
services to be rendered under this Contract.
SECTION 22: 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:
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Village of North Palm Beach
Attn: Village Manager
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to VENDOR shall be mailed to:
Ferreira Construction Co. Inc.
Attn: John Ciabattari, Vice President
13000 S.E. Flora Avenue
Hobe Sound, FL 33455
SECTION 23: ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and VENDOR 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. In the event of a
conflict between this Contract and the VILLAGE’s Request for Proposals and the VENDOR’s
Proposal, this Contract shall take precedence with the VILLAGE’s Request for Qualifications taking
precedence over VENDOR’s proposal. All such documents shall be read in a manner so as to avoid
a conflict.
SECTION 24: WAIVER.
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.
SECTION 25: PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
SECTION 26: 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.
SECTION 27: WAIVER OF SUBROGATION.
VENDOR 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 VENDOR 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 VENDOR enter into such an
agreement on a pre-loss basis.
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SECTION 28: INSPECTOR GENERAL.
VENDOR 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 VENDOR. VENDOR understands and
agrees that in addition to all other remedies and consequences provided by law, the failure of
VENDOR to fully cooperate with the Inspector General when requested may be deemed by the
VILLAGE to be a material breach of this Contract justifying its termination.
SECTION 29: INVOICING AND PAYMENT:
Payment for all invoice(s) that may arise as a result of this Contract or a Purchase Order issued
pursuant to this Request for Proposals shall minimally meet the following conditions to be considered
as a valid payment request:
A. A timely submission of a properly certified invoice(s) in strict accordance with the price(s)
and delivery elements as stipulated in the Contract or Purchase Order document, and
submitted to:
Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, Florida 33408
ATTN: Accounts Payable
B. All invoices submitted shall consist of an “original” invoice which clearly references the
subject Contract or Purchase Order Number; provide a sufficient salient description to identify
the good(s) and/or service(s) for which payment is requested; include and be clearly marked
as “partial,” “complete” or “final invoice.”
C. The invoice shall contain the Proposer’s Federal Employer Identification Number.
D. All payments made by the Village pursuant to the Contract Documents shall be in accordance
with Florida’s Prompt Payment Act.
SECTION 30: ADDITIONAL SERVICES;
If during the contractual period covered by the agreement, additional services are needed, VENDOR
may, at the option of the VILLAGE, be engaged to perform these services under the terms of this
Contract.
SECTION 31: PUBLIC RECORDS.
IF VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO VENDOR’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE VILLAGE’S
CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
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NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, VENDOR shall comply with all relevant provisions
of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes, VENDOR 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 VENDOR 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 VENDOR or keep and maintain public records required by the VILLAGE to
perform the services. If VENDOR transfers all public records to the VILLAGE upon
completion of the Contract, VENDOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If VENDOR
keeps and maintains public records upon completion of the Contract, VENDOR 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.
SECTION 32. PROHIBITION AGAINST CONTINGENT FEES.
VENDOR warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for VENDOR, to solicit or secure this Contract and that VENDOR has
not paid, or agreed to pay, any person, company, corporation, individual or firm, other than a bona
fide employee working solely for VENDOR, any fee, commission, percentage, gift, or other
consideration contingent upon, or resulting from, aware or making of the Contract. For the breach or
violation of this provision, the VILLAGE shall have the right to terminate this Contract and its sole
discretion, without liability, and to deduct from the Contract price, or otherwise recover, the full
amount of such fee, commission, percentage, fit or consideration.
SECTION 33. E-VERIFY.
Pursuant to Section 448.095(5), Florida Statutes, VENDOR shall:
A. Register with and use the E-Verify system to verify the work authorization status of all newly
hired employees pursuant to Section 448.095(2), Florida Statutes, and require all
subcontractors do the same;
B. Secure an affidavit from all subcontractors stating that the subcontractor does not employ,
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contract with, or subcontract with an “unauthorized alien” as defined in Section 448.095(1)(f),
Florida Statutes;
C. Maintain copies of all subcontractor affidavits for the duration of this Contract and provide
the same to the VILLAGE upon request;
D. Comply fully, and ensure all subcontractors comply fully, with Section 448.095, Florida
Statutes;
E. Be aware that a violation of Section 448.09(1), Florida Statutes (Unauthorized aliens;
employment prohibited), shall be grounds for termination of this Contract;
F. Be aware that a violation of Section 448.095(5) by a subcontractor, and not VENDOR, shall
be grounds for the VILLAGE to order VENDOR immediately terminate the contract with the
subcontractor; and
G. Be aware that if the VILLAGE terminates this Contract under Section 448.095(5)(c), Florida
Statues, VENDOR may not be awarded a contract for at least one year after the date on which
the Contract is terminated and will be liable for any additional costs incurred by the VILLAGE
as a result of the termination of the Contract.
SECTION 34. TIME IS OF THE ESSENCE/LIQUIDATED DAMAGES
Time is of the essence in all respects under this Contract, and the parties agree that the VILLAGE
will suffer financial loss if the work contemplated herein is not completed within the time specified,
including any authorized extensions. The parties also recognize the delays, expense, and difficulties
involved in providing in a legal proceeding the actual loss suffered by the VILLAGE if the Work is
not completed on time. Accordingly, instead of requiring any such proof, the VILLAGE and
VENDOR agree that as liquidated damages for delay (but not as a penalty), VENDOR shall pay to
the VILLAGE an amount equal to One Thousand Dollars ($1,000.00) per day for each calendar day
that expires after the time specified for completion. Liquidated damages may be deducted from
payments due to VENDOR.
IN WITNESS WHEREOF, the VILLAGE and VENDOR hereto have made and executed this
Contract as of the day and year first above written.
VENDOR
By:
Print Name:
Position:
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John Ciabattari
V.P
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VILLAGE OF NORTH PALM BEACH
BY: ______________________________
SUSAN BICKEL, MAYOR
ATTEST:
BY:
JESSICA GREEN, VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
VILLAGE ATTORNEY
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AFFIDAVIT
1. I am over 18 years of age and otherwise competent to affirm the matters set forth in this
Affidavit, which are based on my personal knowledge.
2. I am an officer or authorized representative of Ferreira Construction Co. Inc.
3. Ferreira Construction Co. Inc. does not use coercion for labor or services as defined in
Section 787.06, Florida Statutes.
Under the penalties of perjury, I declare that I have read the foregoing affidavit and that the facts
stated in it are true.
By: __________________________________
Print Name:
Title:
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John Ciabattari
V.P
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