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Home My WebLink AboutR2026-29 Anchorage Park Amenities Improvement ProjectRESOLUTION 2026-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A BID PROPOSAL FROM DILIGENT CONSTRUCTION SERVICES, LLC FOR THE ANCHORAGE PARK AMENITIES IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; APPROVING A BUDGET AMENDMENT TO TRANSFER $40,469.00 FROM THE CAPITAL RESERVE ACCOUNT TO THE SPECIAL REVENUE RECREATION GRANT FUND AND AMENDING THE SPECIAL REVENUE RECREATION GRANT FUND TO REFLECT THE TRANSFER OF THE CIP FUNDS AND THE RECEIPT OF RECREATION TRAILS PROGRAM GRANT REVENUE TO FUND THE PROJECT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff issued an Invitation to Bid for the Anchorage Park Amenities Improvement Project (ITB C26 -PR -01); and WHEREAS, Village Staff is recommending accepting lowest -cost responsive bid proposal from Diligent Construction Services, LLC; and WHEREAS, in order to fund this project, the Village Council wishes to amend the Capital Projects Fund Budget to transfer funds from the Capital Reserve Account to the Special Revenue Recreation Grant Fund and amend the Special Recreation Grant Fund to reflect the transfer of the CIP funds and the receipt of Recreation Trails Program Grant Revenue; and WHEREAS, the Village Council 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 Diligent Construction, LLC for the Anchorage Park Amenities Improvement Project at a cost not to exceed $168,618.32 (for a total project budget of $202,342.32.15 including contingency), with funds expended from Special Revenue Grant Fund Account No. U8028-66210 (Parks & Recreation — Construction and 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. Section 3. In order to provide CIP monies for the grant match and reflect the receipt of grant funds, the Village Council hereby approves the following budget amendment: L/ Page 1 of 2 Budget Amendment — Canital Projects Fund: Account Description Use Source K5541-66000 CIP Fund $40,469 K5541-49102 Transfer Out to Recreation Grant Fund $40,469 Total $40,469 $40,469 Budget Amendment — Special Revenue Recreation Grant Fund: Account Description Use Source U3900-09132 Transfer In from Capital Projects Fund $40,469 U2128-33011 Grant Revenue — Recreation Trails Program $161,874 U8028-66210 Construction & Major Renovation $202,343 Total $202,343 $202,343 Section 4. The Mayor and Village Clerk are hereby authorized and directed to execute the budget amendment for and on behalf of the Village of North Palm Beach. Section 5. All resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 1 1TH DAY OF JUNE, 2026. Al (V Seal) �: FLORIDA :� ATTES VILLALERK Page 2 of 2 Page 1 of 4 CONTRACT THIS CONTRACT is hereby made and entered into this 11th day of June, 2026, (the “effective date”) by and between the Village of North Palm Beach, a Florida municipal corporation (“Village”), whose address is 501 U.S. Highway One, North Palm Beach, Florida 33408, and Diligent Construction Services, LLC, a Florida limited liability (hereafter referred to as “Contractor”), whose address is 313 SE Huntington Circle, Port St. Lucie, Florida 34984. 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 for the Anchorage Park Amenities Improvement Project (ITB No. C26-PR-01), 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 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 the terms, conditions, and specifications set forth in the Village’s Invitation to Bid No. C26-PR-01 (specifically including Attachments 8 and 9) and 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. C26-PR-01 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 those services identified in the specifications accompanying the Village’s Invitation to Bid, which are incorporated herein by reference (“Work”). ARTICLE 3. COMPENSATION The Village shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to 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: Village Manager Email: chuff@village-npb.org ii. with a copy to: Village of North Palm Beach 645 Prosperity Farms Road North Palm Beach, Florida 33408 Attn: Assistant Director Public Works Email: jmount@village-npb.org Docusign Envelope ID: C5A8CA83-79A0-87C0-8270-7666B47C2A4EDocusign Envelope ID: 5E4075D2-E004-8C5E-835D-18829E6C92D4 Page 2 of 4 iii. As to the Contractor: Diligent Construction Services, LLC 313 SE Huntington Circle Port St. Lucie, FL 34984 Attn.: Nate Westall, Owner Email: nate@diligentconstruction.net 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 100 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. 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; NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH PALM BEACH, FL 33408. Docusign Envelope ID: C5A8CA83-79A0-87C0-8270-7666B47C2A4EDocusign Envelope ID: 5E4075D2-E004-8C5E-835D-18829E6C92D4 Docusign Envelope ID: 5E4075D2-E004-8C5E-835D-18829E6C92D4 In performing services pursuant to this Contract, Contractor shall comply with all relevant provisions of Chapter 119, Florida Statutes. As required by Section 119.070 1, 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 WITNESS WHEREOF, the parties have executed this Contract on the dates hereinafter written. QRT/yA VILLAGE OF NORTH PALM BEACH, FLORIDA !AL] �•�� Signed by: (uf FLORIDA :�n B vt�,1i . y: 90 J Lisa Interlandi, ayor KEST* /�DocuSigned by: ✓ u JP��tCLI \&w. By: Jessica ureen, LML, village Clerk APPROVED AS TO FORM AND LEGAL SUFFIcIE ,,CY: gneBy: t� Glbl Leonard . �U 3` i gage Attorney CONTRACTOR: DILIGENT CONSTRUCTION SERVICES, LLC By: I k(1J�sf�1l �FII3855�is 5f.T"f Print Name: Nate Westall Title: Owner Page 3 of 4 Page 4 of 4 WITNESS: By: ___________________________________ Print Name: ____________________________ Docusign Envelope ID: C5A8CA83-79A0-87C0-8270-7666B47C2A4E Nate Westall Docusign Envelope ID: 5E4075D2-E004-8C5E-835D-18829E6C92D4 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 Diligent Construction Services, LLC. 3. Diligent Construction Services, 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: __________________________________ Print Name: Title: Docusign Envelope ID: C5A8CA83-79A0-87C0-8270-7666B47C2A4E Nate Westall Owner Docusign Envelope ID: 5E4075D2-E004-8C5E-835D-18829E6C92D4