2011-28 Contract Award for Sidewalk ReplacementRESOLUTION 2011-28
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD
TO CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE ANNUAL
REPLACEMENT OF DESIGNATED SIDEWALKS 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 replacement of designated sidewalks; and
WHEREAS, Village Administration recommends that the contract be awarded to Charles S.
Whiteside, Inc. by piggy backing the existing Palm Beach County Contract #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.
for the replacement of designated sidewalks within the Village, a copy of which is attached
hereto and incorporated herein, 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 $116,339 and shall be funded utilizing
budgeted funds from Account #K7321-66210 (Public Works -Construction and Major Renovation).
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 14th DAY OF JULY, 2011.
(Village Seal)
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ATTrEST•~..~ ;`~
MAYOR
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VILLAGE CLERK
CONTRACT FOR SIDEWALK REPAIR
This Contract is made as of the day of ~~i! , 2011, by and between the
VILLAGE OF NORTH PALM B~ 501 U.S. Hi wa ne N
y • •rth calm Seach, calm
Beach County, Florida, 33408, a Florida municipal corporation ("VILLAGE"), and
CHARLES S. WHITESIDE, INC, 250 Truck and Trailer Way, West Palm Beach, FL
33413-1605, a Florida corporation ("CONTRACTOR"), whose Federal LD. No. is 59-
1968075.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to fulfill the VILLAGE's annual
sidewalk repair requirements; and
WHEREAS, Palm Beach County, through its competitive selection process, awarded County
Contract No. 2009053 to CONTRACTOR for the County's annual pathway and minor
construction requirements; and ~ .
WHEREAS, the VILLAGE requested and CONTRACTOR provided a proposal for the
VILLAGE's annual sidewalk repair requirements based on the pricing established in 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 CONTRACTOR dated October 21,
2008, attached hereto as Exhibit "A", as amended and extended, 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, CONTRACTOR shall provide all goods and services as stated in its
proposal to the VILLAGE at a cost not to exceed $116,339.00. CONTRACTOR'S proposal
is attached hereto as Exhibit "B." This document is 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.
Page 1 of 4
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).
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 said County Contract
expires and no new contract is let by the County, VILLAGE reserves the right, upon written
Contract with CONTRACTOR to renew this Contract under the same terms and conditions
for an additional period of one (1) year.
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.
Page 2 of 4
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 may be 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
Contract 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. 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.
G. CONTRACTOR 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 CONTRACTOR and its subcontractors and lower tier subcontractors.
CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors or
Page 3 of 4
lower tier subcontractors 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.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and
executed this Contract as of the day and year first above written.
CHARLES S. WHITESIDE, INC.
BY: ~ 4
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Print Name: A M 3 .~ ~ '~ ;,
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Position: ~2o~a.'tr' IVlA*~~c tx/
VILLAGE OF NORTH PALM BEACH
BY:
DARRYL AUB Y
MAYOR
ATTEST: 'c ~ ,
MELISSA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
LEONARD G. RUBIN
VILLAGE ATTORNEY
Page 4 of 4
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CONTRACTOR'S AUTHORIZED SIGNATURE FORM
Qualifier (print name) JOHN N. EVERETT
Company Name CHARLES S. WHITESIDE, INC.
License# CG C 008567 Expiration Date 08/31/2010
Company Mailing Address
250 TRUCK AND TRAILER WAY
City WEST PALM BEACH State FL• Zip Code 33413
561 56
Phone ( ) 471-7696 Fax # ~ ) 471-9351 Cell # ~ ) 719-6614
• Clear Copv of Agents Current, Legible Drivers License or
Government Issued Photo 1. D. Required with Form.
LIMITED POWER OF ATTORNEY FROM CONTRACTOR
Let it be known, that I, the above listed contractor, have made and appointed, and by the presents do make and
appoint as agent tarint agents Hamel: Richmond P. Hamby
to be true and lawful attorney for me and in my name, place and stead, for the sole, specific and limited purposes to
execute any and all documents, as restricted below pertaining to building permits issued and/or inspections
performed by Palm Beach County Building Department, as I the undersigned, might or could do if personally
present. The authority of the person appointed as my attorney and agent to exercise the powers granted herein
shall commence on the date set below and shall remain in full force and effect until the license expiration noted
above, or death or specific written recession by either party. Check Olle Of the beIOW bOXeS
UNLIMITED, Authorized Agent may sign for permits, document re-submittal routing form,
submit 8 pick up revisions andlor documents.
**''""""`** U if you select this option- (Qualifier and Agent must appear in person)
® RESTRICTED, Authorized Agent restricted to, revise & pick up permits and/or documents,
except document re-submittal routing form. (R)
I understand that igning this in rument, 1 am authorizing Palm Beach County Building Department to process
permit docum s issu ilding permits based on the signature of my above-named attorney and agent. I
further un star~~~thl a ully responsible_ nd ally bound for all acts performed under my certificate number,
includin ~o f th' ', ~~/
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Sig to ~..~".. ~~ ~ : ~ Signature ~ -`~___ .,.,~~..~
,~~-"~ (Qualifier) (Agent)
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STATE Qt= FLORIDA STATE OF FLORIDA
~COUI,~i7Y OF PALM BEACH COUNTY OF PALM BEACH
Sworn to (or affirmed) and subscribed before me
this 1~_day of {~ l~C-s~s? , 2004, by
John M. Everett Personally known
~,_or has produced identification
(#) .Type of
identification:
No pry Public- State of Florida (F.S.S.§ 117)
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~,t "'r"oiy,~ ESTNER 1. COLLIN5 :'~' '; Notary Pu01ie • State or Florida
~~=; Notary Pu01ic • State of Florida • 5 My Commission Expires May 2, 21)11
Rev. 01109 • = A~Q~mi~on Expires May 2, 2011 2 '~ )ssion N DO 656274
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Swom to (or affirmed) and subscribed before me
this ~_day of AU~CzUS'T , 200, by
Richmond P. Hamby. Personally known
XX or has produced identification (#)
Type of
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
EVERETT, JOHN M
CHARLES S WHITESIDE INC
250 TRUCK & TRAILER WAY
WEST PALM BCH FL 33413-1605
Conyratulations! With this license you become one of the nearly one million
Floridians licensed by the Department of Business and Professional Regulation.
Our professionals and businesses range from architects to yacht brokers, from
boxers to barbeque restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order to serve you better.
For information about our services, please log onto www.myfloridaticense.com.
There you can find more information about our divisions and the regulations that
impact you, subscribe to department newsletters and learn more about the
Department's initiatives.
Our mission at the Department is: License Efficiently, Regulate Fairly. We
constantly strive to serve you better so that you can serve your customers.
Thank you for doing business in Florida, and congratulations on your new license!
DETACH HERE
J l L. --
°: ~; STATE OF FLORIDA AC# 3 8 2 9 4 8 9
••,~ DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION
CGC008567 06/17/08 078164880
CERTIFIED GENERAL CONTRACTOR
EVERETT, JOHN M
.:.CHARLES S WHITESIDE INC
IS CERTIFIED under the provisions of Ch.489 eS
expiration aace: AUG 31, 210 L08061701018
~~'# ~~ ~ ~- ~ ~~ ~ g , STATE. OF FLORIDA
DEPARTMENT OF~BUS:INESS-AN;D PROFESSIONAL REGULATION
C.ONST.RUCT~ON INDUSTRY LICENSING BOARD SEQ# L08061701018
L06/17/2008 X078164880 ~CG00085'6'7
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Under the provisions of_Chap.ter 489 FS.
Expiration datee AUG 31, 2010
EVERETT, JOHN M -`; ~t~~?;
CHARLES S WHIT:ESID~~ ~~N~~i :~ ~ p'.,,
250 TRUCK & TRAILER':'rWAY'€i;;~;:~ip~`~~~ ,.
WEST PALM BCH FL 33413-1605
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CHARLIE CRIST _ ~ ~~ .. !' ., CHUCK DRAGO
GOVERNOR = INTERIM SECRETARY
D1SpLAY`AS REQUIRED BY LAW
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