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Home My WebLink AboutR2026-03 East Alley Wall Replacement ContractRESOLUTION 2026-03 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING A BID PROPOSAL FROM LOX CONSTRUCTION, LLC FOR THE EAST ALLEY WALL REPLACEMENT PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued an Invitation to Bid for the Easte Alley Wall Replacement Project; and WHEREAS, the Village received six bid proposals in response to the ITB, and Village Staff recommended acceptance of the lowest responsive and conforming bid proposal submitted by Lox Construction, LLC; and WHEREAS, the Village Council wishes to execute a Contract with Lox Construction, LLC 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 bid proposal submitted by Lox Construction, LLC for East Alley Wall Replacement Project at a total cost not to exceed $1,189,331.68, with funds expended from Infrastructure Surtax Account No. I7321-66210 (Public Works/Streets and Grounds — Construction and Major Renovation). Including contingency, the total project budget shall be $1,427,331.68. 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. PASSED AND ADOPTED THIS 22ND DAY OF JANUARY, 2026. ATTEST: jYLLAGE CLERK Docusign Envelope ID: 39DCA1 CE-AAFA-4014-AD95-DC70E51859FB CONTRACT THIS CONTRACT is hereby made and entered into this 22nd day of January, 2026, (the "Effective Date") by and between the Village of North Palm Beach, a Florida municipal corporation (hereinafter referred to as "Village"), whose address is 501 U.S. Highway One, North Palm Beach, Florida 33408, and Lox Construction, LLC, a Florida limited liability company, whose address is 12364 85th Road North, West Palm Beach, Florida 33412. WHEREAS, the Village desires to retain the services of the Contractor to provide the goods and services in accordance with the Village's Invitation to Bid No.2026-PW-03 (East Alley Wall Replacement), and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, the Contractor and the Village agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Contract shall include any amendments hereto and shall incorporate each of the terms, conditions, and specifications set forth in the Village's Invitation to Bid No. 2026-PW-03 (East Alley Wall Replacement), the Contractor's response to the Invitation to Bid, including all documentation required thereunder (the "Contract Documents"). In resolving conflicts in any of the Contract Documents, the order of contract precedence shall be any amendments to this Contract and then this Contract and then the Village's Invitation to Bid No. 2026-PW-03, and then the Contractor's response to the Invitation to Bid. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform all those services identified in the specifications accompanying the Village's Invitation to Bid, which are incorporated herein by reference (the "Work"). ARTICLE 3. COMPENSATION The Village shall compensate the Contract pursuant to the Pricing Schedule attached hereto and incorporated herein, in accordance with the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Contract shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: i. As to the Village: Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408 Attn: Chuck Huff, Village Manager Email: Chuff@village-npb.org Page 1 1 Docusign Envelope ID: 39DCA1 CE-AAFA-4014-AD95-DC70E51859FB ii. with a copy to: Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, Florida 33408 Attn: Jamie Mount, Assistant Director of Public Works Email: JMount@village-npb.org iii. As to the Contractor: Lox Construction, LLC 12364 84th Road North West Palm Beach, Florida 33412 Attn: Julian Ramirez De Arellano Email: support@loxconstruction.com b. Headings. The headings contained in this Contract are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Contract. c. Effective Date. The effective date of this Contract shall be as of the date it has been executed by both the parties hereto. d. Preparation: This Contract shall not be construed more strongly against either party regardless of who was more responsible for its preparation. e. Counterparts: This Contract and all and amendments thereto may be executed in two or more counterparts, each of which shall be deemed to be an original, but each of which together shall constitute one and the same instrument. ARTICLE 5. CONTRACT TERM a. 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 the Contract. b. The services provided by Contractor shall be commenced subsequent to execution and approval of this Contract by the Village and upon written notice from the Village to Contractor to proceed and shall be completed within (180) calendar days. ARTICLE 6. E-VERIFY Contractor warrants and represents that Contractor and all subcontractors are in compliance with Section 448.095, Florida Statutes, as may be amended. Contractor has registered to use, and shall continue to use, the E-Verify System (E-Verify.gov) to electronically verify the employment eligibility of newly hired employees and has received an affidavit from each subcontractor stating that the subcontractor does not employ, contract with or subcontract with unauthorized aliens. If the Village has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes, the Village shall terminate this Contract pursuant to Section 448.095(5), Florida Statutes, as may be amended. If the Village has a good faith belief that a subcontractor has knowingly violated Section 448.09(1), Florida Statutes, but Contractor has otherwise complied, it shall notify Contractor, and Contractor shall immediately terminate its contract with the subcontractor. Page 12 Docusign Envelope ID: 39DCA1 CE-AAFA-4014-AD95-DC70E51859FB ARTICLE 7. 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; NPB CLERK@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: a. Keep and maintain public records required by the Village to perform the service. b. 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. c. 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. d. 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 W M►. S WHEREOF, the parties have executed this Contract on the dates hereinafter written. VILLAGE OF NORTH PALM BEACH, FLORIDA By: (�DocuSigned by: By: Jessica Green; V C u Village Clerk Page 1 3 ,—Signed by: Vt,»orak S'u rcy —60E06 F 693D496... Deborah Searcy, Mayor Docusign Envelope ID: 39DCA10E-AAFA-4014-AD95-DC70E51859FB APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: /—Signed by: tut, A,V'r. a ActoilA, Leonardcku�in3°g845A... Village Attorney CONTRACTOR: LOX CONSTRUCTION, LLC By: Mint, PAivt", % haw Print Name: Julian Ramirez De Arellano Title: President WITNESS: By: Print Name: Page 14 Docusign Envelope ID: 39DCA1 CE-AAFA-4014-AD95-DC70E51859FB 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 Lox Construction, LLC. 3. Lox Construction, LLC 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: ISigned by: . raikivv, Vt. arava `4 5CE798B9D784A2._ Print Name: Julian Ramirez De Arellano Title: President