R2023-84 Agreement for Canal Dredging ServicesRESOLUTION 2023-84
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, ACCEPTING THE BID OF COSTON
MARINE SERVICES, INC. FOR CANAL DREDGING AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT FOR
SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Staff issued an Invitation to Bid for Canal Dredging Services for the existing
canal between Atlantic Road and Ebbtide Drive ("ITB"); and
WHEREAS, the Village received five bid proposals in response to the ITB, and Village Staff
recommended accepting the lowest bid submitted by Coston Marine Services, Inc.; 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 NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby accepts the bid proposal submitted by Coston Marine
Services, Inc. for Canal Dredging Services for the existing canal between Atlantic Road and
Ebbtide Drive at a total cost of $70,350.00, with funds expended from Account No. H7321-34684
(Stormwater Fund — Stormwater Drainage System). Including contingency, the total project
budget shall be $77,385.00. The Village Council further authorizes the Mayor and Village Clerk
to execute an Agreement for such services, a copy of which is attached hereto and incorporated
herein.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 28TH DAY OF SEPTEMBER, 2023.
ATTEST:
VIL GE CLERK
VICE MAYOR
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AGREEMENT
THIS AGREEMENT is hereby made and entered into this 28th day of September, 2023,
the “effective date”) by and between the Village of North Palm Beach, a Florida municipal
corporation organized and existing under the laws of the State of Florida (“Village”), whose
address is 501 U.S. Highway One, North Palm Beach, Florida 33408, and Coston Marine
Services, Inc., a Florida corporation (hereafter referred to as “Contractor”), whose address is 1400
Water Tower Road, Lake Park, Florida 33403.
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 Canal Dredging Services, 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, the Contractor and the Village agree as follows:
ARTICLE 1. INCORPORATION OF INVITATION TO BID
The terms and conditions of this Agreement shall include and incorporate the terms,
conditions, and specifications set forth in the Village’s Invitation to Bid for Canal Dredging
Services, all Addenda issued by the Village, and the Contractor’s bid proposal submitted in
response to the Invitation to Bid, including all documentation required thereunder.
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 compensate the Contractor for the performance of the Work in the
amount set forth in the Contractor’s bid proposal according to the terms and specifications
referenced in the Invitation to Bid. The total compensation shall not exceed Seventy Thousand
Three Hundred and Fifty Dollars and No Cents ($70,350.00).
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required,
contemplated, or permitted under this Agreement 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:
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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
iii. As to the Contractor: Coston Marine Services, Inc.
1400 Water Tower Road
Lake Park, Florida 33404
Attn.: Daniel Coston, President
Email: costonmarine@gmail.com
b. Headings. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of
this Agreement.
c. Effective Date. The effective date of this Agreement shall be as of the date it has
been executed by both the parties hereto.
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 Council and upon written notice from the Village to
Contractor to proceed and shall be completed within ninety (90) 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(2), 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
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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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter
written.
VILLAGE OF NORTH PALM BEACH, FLORIDA
SEAL]
By: ______________________________________
David Norris, Mayor
ATTEST:
By: ____________________________
Jessica Green, CMC, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ____________________________
Leonard G. Rubin, Village Attorney
COSTON MARINE SERVICES, INC.
By: ______________________________________
Print Name: ________________________________
Title: _____________________________________
WITNESS:
By: ___________________________________
Print Name: ____________________________
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President
Dan
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Susan Bickel, Vice Mayor on behalf of
Samia Janjua