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HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: March 8, 2023
Aeenda Item Title: Contech ArmorFlex and Conspan Bridge Purchase for Stonecrop Drainage
Improvement Project
Recommendation: Approve sole sourcing and purchasing the products produced by Contech
Engineered Solutions
Backeround: The City of Sebastian is currently in Phase II of the FDEM (Florida
Department of Emergency Management) HMGP (Hazard Mitigation Grant Program) funding agreement for
the Stonecrop Drainage Improvement project which includes revetment of the Stonecrop drainage canal
banks, as well as a Conspan bridge at Laconia Street. A preapproved Budget/Cost sheet for the project has
been provided by FDEM and allows a maximum total cost of $945,620 for both the ArmorFlex and Conspan
materials. AmorFlex Mats are a specialized product for canal revetment that is only supplied by Contech
Engineered Solutions. Since the shop drawing for all components are very project and site specific, we are
looking to sole source and purchase both the ArmorFlex and Conspan construction supplies through Contech
in order to reduce wait time for the shop drawings during construction as well as save the cost of tax on the
purchase.
If Aeenda Item Requires Exnenditure of Funds:
Budgeted Amount: $945,620 (75% / 25% Split FDEM and City of Sebastian)
Total Cost: $656,123.18
Funds to Be Utilized for Appropriation: $492,092.38 FDEM Hazard Mitigation Grant
$164,030.80 Discretionary Sales Tax Fund
Attachments:
1. Extraordinary Procurement Certificate
2. Contech & Carter Associates Sole Source Letters
3. Contech Engineered Solutions Quote
4. FDEM Approved Budget Sheet
Administrative Services
City Attorney Review:
Procurement Division
City Manager Authorization:
Date: %i L /1 i
if a piicabg e .. '
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SE�T,N
HOME OF PELICAN ISLAND
EXTRAORDINARY PROCUREMENT CERTIFICATE
An Extraordinary Procurement Certificate is required whenever there is intent to have an exception made for an Emergency, Single Source
or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to
Threshold Requirements to determine the process for the purchase.
An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public
property; or an interruption of essential governmental services or City operations.
A Single Source purchase is defined as the purchase of required goodfservice from one source because of City standardization, warranty
or other distinctive factors (provide details).
A Sole Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source
Letter from vendor or manufacturer).
Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager.
DATE:
2/21/2023
TO:
Don Wixon
DEPARTMENT HEAD:
Karen Miller
DEPARTMENT:
Stornwater
TYPE OF PURCHASE:
11 Emergency Single Source ® Sole Source
PROPOSED VENDOR:
Contech Engineered Solutions
ITEMS OR SERVICES
Conspan Bridge, ArmorFlex fabric and mats with spreader bar. These are
REQUIRED:
being purchased for the Stonecrop Canal Rehabilitation Project,
JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE:
The ArnorFlex Mats are a specialized product for canal revetment that is only supplied by Contech Engineered Solutions. As the shop
drawings for all components are very project and site specific, we are also purchasing the ConSpan Bridge system from Contech Engineered Solutions
so the two interrelated components can be designed and delivered in tandem.
CERTIFICATION OF AVAILABI LITY/NECESSITY
I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the Department has an urgent needlemergency for
the purchase of the goods/services and the emergency Is such that a delay through the use of normal competitive procurement methods to acquire such good /servicel.
would not be in the publie's best Interest and would be detrimental to the City; (2) due to the City's standardization, warranty or other distinctive factors only one sours
Is available or (3) the supplier of the goods/services requested is the sole source supplier.
Submitted: Date: 2/21/2023
Department Head Signature
Approved: G � � Date: 3 2—. 7 e> 2
Don Wixon, Procuremenf/Contrects Manager
Approved: Date:
Paul E. Carlisle, City Manager
C=:: N T E C H
ENGINEERED SOLUTIONS
February 01, 2023
Karen Miller
City of Sebastian
Director of Public Works / City Engineer
Re: Justification and Supporting Documentation for
Proprietary Product Systems for
Stonecrop Canal Rehabilitation Project
Contech Engineered Solutions LLC
9025 Centre Pointe Drive, Suite 400
West Chester, CH 45069
Phone:(513) 645-7000
Fax:(513) 645-7993
...ContechES.com
Dear Karen,
The intent of this letter is to provide justification for the direct purchase of proprietary products that are to be used on the
referenced project. Contech Engineered Solutions product systems provide the optimal erosion protection and hydraulics
design needs of canal armoring and crossing at Laconia Street. The products specified are Armorflex 30S Articulating
Concrete Block and 12' Clear Span CON/SPAN open bottom culvert.
CON/SPAN is a complete precast modular system of efficient arch spans, headwalls and wingwalls, as needed for the
crossing. Armorflex is proven to be a much more efficient, higher performing and aesthetic alternative to dumped stone
riprap for the canal lining. These prefabricated solutions allow for quick installation, reduced site preparation time, lower
overall costs and require minimal to no maintenance.
Sole source specification of Armorflex and CON/SPAN for these applications also provides ideal project synchronization.
Implementation of these products are turn -key from the same producer Contech Engineered Solutions, and they are
locally produced. It is also suggested that these products be purchased in advance of construction contracts. The
designed applications of these products are custom and will require advanced lead times for production.
This product and request are in accordance with Florida Department of Transportation standards as well as FHWA
regulation 23 CFR 635.411 which is written to encourage innovation and allows government agencies to use proprietary
products.
Please contact me at should you have any questions or need additional information. Thank you for your interest in,
approving the sole source specification and direct purchase of CON/SPAN and Armorflex.
Respectfully,
James M. Park, PE
Bridge Consultant
CARTER ASSOCIATES, INC.
CONSULTING ENGINEERS AND LAND SURVEYORS
1708 21.1 STRI .17 • VERO REACH, KORIOA 329W.M72 • 772362-4I91 • 772462.7180 (FAX)
IUHN H. III UM. 11.1 . PRINCIPAI
DAVIDLI111IMI-P.S.M, PRINCIPAI
❑I OROF A. SIAIONS. P.P._ PRINCIPAI
PAI'RR K S. W AIAHP.R. P.L. PRINCIPAI
MARVIN ICARTP'R. P S %L Cnmulhnn m the loin
MAN 1, LOEllillL P.1:. a .... 0.nwhwn 10 lix Finn
February 14, 2023
Ms. Karen Miller, P.E.
Director of Public Works / City Engineer
Public Works Department
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
RE: Sole Source Purchase
Dear Ms. Miller:
RORERT N. lOHNSON. PS hi.
CLIN-PUN J. RANKS. P.i:
M.ER N. SPENCER P.F.
I'RFVORO S1111HLS.. 11.1
Please accept this letter in support of sole sourcing of the products produced by Contech for use in
the Stonecrop Canal Rehabilitation. Contech Engineered Solutions product systems provide the
optimal erosion protection and hydraulics design needs of canal armoring and crossing at Laconia
Street. The products being specified are 30S Armorflex Articulating Concrete Block and 12' Clear
Span CON/SPAN open bottom culvert. Specification of Armorflex and CON/SPAN for these
applications also provides ideal project synchronization. Implementation of these products are
turn -key from the same producer Contech Engineered Solutions and they are locally produced. It
is also suggested that these products be purchased in advance of construction contracts. The
designed applications of these products are custom and will require advanced lead times for
production.
Sincerely,
CARTER ASSOCIATES, INC.
ZRabjes, ClintoP.E.
Project Manager
Cc: Don Wixon, City of Sebastian
-CAI
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P:121-349 City of Sebastian- StonecropMocslSole Source.docx Page I or I J Simi, Off
CPW NTECH® Quotation
ENGINEERED SOLUTIONS
AQWKRMG COMPANY
Quote # QUO-530039-W2X6W6
Date 12/16/2022 Account Name City of Sebastian Florida
Quote# QUO-530039-W2X6W6 Contact Name Karen Miller
Phone (772)388-8205
Project Name Slonecrop Canal City of Fax
Sebastian
Project# 722370 Email
Project Sebastian, FL
City/State
Page# 115
Contech Rep. James Park
Address 8250 62nd Street, Pinellas Park, FL,
33781
Phone 407-506-2803
Fax
Email James.Park@ContechES.com
Contech's offer to sell the products described In this quotation Is expressly conditioned upon Buyer's assent to the Contech Condition; of Sale ("Contech COS-) included herewith anchor
viewable at wvnv.conteches.comlcos. A valid tax exemption certificate must be issued to Contech or sales tax v Il be added.
CON/SPAN B-Series-
1.00
1.00
$161.300.00
EA
$161,300.00
64 linear ft. of 12 ft. Span x 6 ft. Rise CON/SPAN Precast Bridge
Units.
8 Units, 8 ft. typical Lay Length.
HL-93 Loading, 1.5 ft. Max Cover.
2 Attached Precast Headwall(s) - (2 ft. tall, 2 ft. tall).
4 Precast Wingwall(s) - (12 ft. long, 12 ft. long, 12 ft. long, 12 ft. long).
Heaviest pick weight = 12.5 Tons.
ArmorFlex 30 Small MAT -
58081.00
58081.00
$6.78
SF
$393.789.18
Cable Type: Polyester,
Final quantities determined by approved shop drawings
Armortec Fabric-
21.00
21.00
$991.00
EA
$20,811.00I
Site -specific Geotextile (3,600 sf/roll)
Delivery to jobsite or nearest over the road truck location in the
49.00
49.00
$1,627.00
EA
$79,723.00
vicinity of Sabasten, FL
Includes 1 week of spreader bar rental, additional time available for
1.00
1.00
$500.00
EA
$500.00
$500/week
Total $656,123.18
(Tax not included) Net Total $656,123.18
1.1. Spreader Bar rental rate is $500/week until returned. Customer will be invoiced $20,000 for spreader bar if not returned within 30 days of the final
shipment of material. 2. Typical spreader bar weighs 3,800-lbs. 3. Bar will arrive with delivery of mats, but may not necessarily arrive on initial truck. 4.
Spreader Bar rental does not include rigging or cables.
2.AII orders must be shipped within 30 days of manufacture. Should you be unable to accept delivery of materials at the agreed upon time, a storage
charge equal to a maximum of 5% per month of the selling price of the stored material applies. Refer to Article 19 Contech CONDITIONS OF SALE.
3.Allowable unloading time for delivery trucks is two (2) hours. Demurrage charges of $100.00 per hour thereafter will be added.
4.Construction loadings typically exceed the intended post -construction live load used for design. Contact your Contech representative for specific
guidelines and limitations based on the construction live loads anticipated.
5.Flexlble structures of the type on this project are reliant on the type of structural backfill used, the compaction of that material and the balanced
placement of structural backfill. Contact your Contech representative for specific information.
6.In addition to any other procedures outlined or remedies provided, at the time of order, Contech will request a desired delivery date for the quoted
materials from the purchasing customer. After drawing approval and prior to manufacturing Contech may again Confirm the requested delivery date with
the purchasing customer. If purchasing customer cannot take delivery of finished materials within 30 days of requested date, and after Contech has
manufactured the product(s), Contech will Invoice for the total amount of the order with payment due within 30 days. Additionally, Contech may also
assess fees In the amount of 5% per month of the selling price of the stored materials that are not shipped within 30 days after the requested delivery date
for storage and handling.
7.One or more of the products quoted herein is nonstandard and not returnable. A down payment equal to 1/3 of the item(s) total is required and must be
received prior to commencement of any performance by Contech.
I8.Prices are based on standardized loading to achieve full truckloads. If special loading requirements are needed additional freight charges will be added.
I9.Prices are f.o.b. origin with freight allowed to the jobsite with unloading by others at a truck accessible location.
10.Quotation is based upon estimated (not guaranteed) quantities. Buyer must verify final quantities needed prior to commencement of work by Contech.
If Buyer elects to purchase from Seller only a portion of the material quoted, Seller retains the right to adjust its prices.
C74 NTECH� Quotation Page#2/5
ENGINEERED SOLUTIONS
A QUIKAM6 COMPANY
Quote # QUO-530039-W2X6W6
11.The estimated lead time for the submittal package is 1-2 weeks from the receipt of a signed purchase document and receipt of the required design
documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for initial shipment
of this material is 6-8 weeks from the receipt of approved submittal documents.
12.The estimated lead time for the submittal package is 5-6 weeks from the receipt of a signed purchase document and receipt of the required design
documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for this material is
TBD from the receipt of approved submittal documents.
13.The material included in this quotation is to be designed and manufactured exclusively for this project, is not subject to cancellation and cannot be
returned to stock. See Section 16 of the Contech COS.
14.The sale of these materials requires a preconstruction meeting be held that must include Contech and all parties directly involved in the construction
process.
I15.This quotation expires 30 days from the date shown. Prices are firm for shipment within 90 days of the date of quotation and are subject to a maximum
escalation of 8 % for each 30 days thereafter.
167his quote is based on live off loading ONLY and is the responsibility of others. The loads will be delivered as close to the project location as trucks can
reasonably access and be driven under their own power without specialized equipment. Oversized loads warrant additional consideration and providing
suitable access shall be the responsibility of the contractor/customer. The driver(s) will leave hard surface public roads only at their discretion but is not
obligated to do so. If driver agrees to access a site under any other conditions, customer may be subject to additional costs. Due to curfews and other
travel time restrictions on over dimensional loads, the customer shall be responsible for additional costs associated with weekend, holiday or Monday
delivery requests. Cancellation of scheduled delivery loads requiring permits within 48hrs may result in additional permits and will be the responsibility of
the purchaser. Specialized haulers and or equipment are utilized in the shipping of bridge components lie "trailer rental"), costs incurred by CONTECH due
to cancellation and or postponement of the delivery of bridge components will be the responsibility of the purchaser. Staging/Jockeying of trailers can be
provided upon request for an additional fee.
C=::NTECHx Quotation Page#3/5
ENGINEERED SOLUTIONS
A QUINRETE® COMPANY
Quote # QUO-530039-W2X6W6
ArmorFlex
Pricing includes the following work by Contech
1. Quantities
a. The quantities and block class(es) quoted herein are based on representation of the project by others and our interpretation of their project plans and
specifications.
b. Actual quantifies needed may vary and is to be determined by the BUYER who agrees to pay for all quantities shipped and invoiced.
c. The buyer is responsible for verifying final quantities and block class(es) necessary to fulfill the requirements of the project.
2. Spreader/LiBing Bar
a. If requested, a lift bar (not including rigging or cables) can be rented directly from Contech.
b. Spreader Bar rental rate is $500/week until returned. Customer will be invoiced $20.000 for spreader bar if not returned within 30 days of the final
shipment of material.
c. Typical spreader bar weighs 3,800-lbs.
d. Bar will arrive with delivery of mats, but may not necessarily arrive on initial truck.
3. Delivery
a. Buyer shall approve mat layout and provide sequencing prior to commencement of production.
b. The estimated lead time for the submittal package is approximately 1-2 weeks from the receipt of signed purchase document and receipt of the required
design documents and project information. Approval review process is in addition to stated timeframes. The estimated manufacturing lead time for Initial
shipment of this material is 6-8 weeks from the receipt of approved submittal documents unless specified elsewhere. Please note that mat layout drawings
are not P.E. stamped drawings.
c. The buyer and seller will agree to a specific delivery date at the time the order is placed. This date will be confirmed or modified as necessary by our
production representative and the buyer prior to production of materials. Once an agreed upon date has been established, the buyer will be asked to
confirm in writing the agreed upon date. In the event the buyer cannot accept delivery by the agreed upon date, the buyer will be invoiced for the material
in full and pay a storage fee not to exceed 5% per month of the selling price of the stored materials.
d. Sequential mat shipping is not guaranteed.
4. Geotextiles
a. The performance of the block system is dependent on the geotextile included herein.
b. The quantity shown for the geotextile is an estimate based upon interpretation of the plans.
c. Overlaps and waste may require up to 30% additional square footage of geotextile than the square footage of the block revetments. This additional
amount has been Included in the pricing of this job.
5. Other
a. Damage to access roadways is not the responsibility of the trucking firm or Contech.
b. Mats must be grouted end to end (where cable loops meet). Also, most projects require all gaps between mats greater than 2" to be grouted. Cost of
grouting is the responsibility of the contractor.
6. To the fullest extend permitted by law, customer shall defend, indemnify, hold harmless and reimburse Contech and its affiliates, parent corporations,
officers, directors, employees and agents, as well as its successors in interest, from for and against any and all claims, liens, suits, actions, losses, costs,
expenses, damages, penalties and liabilities, Including but not limited to attorney's and expert witness fees, whether actual or alleged, and whether directly
incurred or from third parties, which arise out of or relate to the provision of Contech owned equipment for customer's or its contractor's, employee's or
agent's use or the use of the Contech owned equipment by the customer, its contractors, employees or agents.
CONISPAN
CON/SPAN Bridge pricing includes precast concrete units, joint sealant material, masonite shims, associated headwatls and wingwalls (if spedfically listed
in Contech's bid line item description), filter fabric for vertical wingwall joints and perforated drain file behind precast wall system. Contech will provide
contract drawings, fabrication drawings, structural calculations upon request, and on -site consultation during installation of precast units.
Pricing does not include any site preparation, foundation work, installation of any kind, or backfill monitoring. Temporary shoring of the precast arch is
required when placing concrete for cast in place headwall and may be required prior to installation of precast headwall. When required, shoring shall
remain until arch is backfilled to minimum cover. Arch shoring design, shoring materials, site inspection, and certification of field construction is not
included. As part of the construction process, the contractor is to perform the Items listed below in accordance with the Contech contract drawings:
1. Construct cast -in -place foundations or install precast foundations as appropriate
2. Unload and set structure utilizing crane
3. Grout the unit legs and wingwalls into the keyway
4. Apply all joint sealing material
5. Excavate for and backfill the structure (Select backfill material is required per CONTECH specifications)
6. Any and all permits, inspection fees, flagmen, barricades, flares, traffic control devices, utility protection, and/or other safety devices as may be required
All materials and services that are not expressly included in the aforementioned scope of work are excluded and subject to additional charges.
Quotation Page#4/5
OPRI NTECH'
ENGINEERED SOLUTIONS
AQUINIRM G COMPANY
Quote # QUO.530039-W2X6W6
PAYMENT TERMS ARE 121h10, NET 30 DAYS FROM DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NONSTANDARD ABOVE. IF NON-STANDARD, PAYMENT TERMS ARE
113 AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION, 213 NET 30 DAYS FROM DATE OF INVOICE. THIS OFFER IS SUBJECT TO CREDIT APPROVAL. PRICES QUOTED
APPLY ONLY To THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION. SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS
FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE. PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN. IF A DIFFERENT QUANTITY IS PURCHASED,
CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES. THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECTTO PURCHASE AND SALE OF PRODUCTS DESCRIBED
AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS, BUYER'S SIGNATURE BELOW, DIRECTION TO MANUFACTURE, OR ACCEPTANCE OF DELIVERY OF GOODS DESCRIBED ABOVE,
SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS. SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS. PRICES ARE F.O.B. ORIGIN WITH FREIGHT ALLOWEI
TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF AN DIOR ON
BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC.
Acceoltance COnteeh Engineered Selutiens LLC.
WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL By James Park
TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech
COS INCLUDED HEREWITH AND VIEWABLE AT www.conteches.00m/cos
Company i (0) 407-506-2803
lBy
(F)
ITIBa
(Cell)
Date
Title
C d NTECH"
ENGINEERED SOLUTIONS
AQUINA 6COMPANY
Quote # QUO-530039-WMW5
1. ACCEPTANCE. This quotation IS an offer to sell to potential
mstomer(s). BUYER'S RIGHT TO ACCEPT THIS OFFER IS
LIMITED TO BUYER'S ASSENT TO THE TERMS AND
CONDITIONS PRINTED HEREON AND THE ATTACHED OR
ACCOMPANYING QUOTE, AND NO TERMS ADDITIONAL TO OR
DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON
SELLER THERE ARE NO UNDERSTANDINGS, TERMS.
CONDITIONS OR WARRANTIES NOT FULLY EXPRESSED
HEREIN.
2. LIMITED WARRANTIES. Seller warrants that it can c=vey
good title to the products sold under this contract and that they are
free of liens and encumbrances. Seller also warrants that the
products sold under this Entrap are substantially free from defects
in material and workmanship for a period of one year after the date
of tlelivery. There are no express or Implied warrandes with respect
to products said hereunder which are misused, abused or used in
conjunction with mechanical equipment improperly designed, used
or maintained, or which are used, supplied for use or made
available for use In any nuclear application of which Seller has not
been notified in writing by Buyer at the time of most for the products
sold hereunder. SELLER MAKES NO OTHER WARRANTY
WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED
WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE
ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS
CONTRACT.
3. LIMITATION OF BUYER'S REMEDIES AND SELLER'S
LIABILITY. Sellers liability hereunder shall be limited to the
obligation to repair or replace only those products proven to have
been defective in material or workmanship at the time of delivery, or
allow credit, at its option. Sellers trial cumulative liability in any
way arising from or pertaining to any product or service sold or
required to be sold under this contract shall NOT In any case
exceed the purchase price paid by Buyer for such products or
services. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY
FOR COMMERCIAL LOSS, LOST PROFITS, CLAIMS FOR
LABOR, OR CONSEQUENTIAL SPECIAL, PUNITIVE OR
INCIDENTAL DAMAGES OF ANY TYPE, WHETHER BUYER'S
CLAIM BE BASED IN CONTRACT, TORT, WARRANTY, STRICT
LABILITY, NEGLIGENCE, OR OTHERWISE. IT IS EXPRESSLY
AGREED THAT BUYER'S REMEDIES EXPRESSED IN THIS
PARAGRAPH ARE BUYER'S SOLE AND EXCLUSIVE
REMEDIES.
4. LIMITATION OF BUYER'S REMEDIES AND SELLER'S
LIABILITY FOR FAILURE OR DELAY IN DELIVERY. NO
DELIVERY DATES ARE GUARANTEED. BUYER'S SOLE AND
EXCLUSIVE REMEDIES AND SELLER'S ONLY LABILITY FOR
ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH
IN PARAGRAPH 3 OF THIS CONTRACT.
5. FORCE "EURE. In any avant and In addl to all other
limitations stated herein, Seller shall not be liable for any ail,
omission, result or consequence, including but not limited to any
delay In delivery or performance, which Is (1) due to any ad of God,
the performance of any government Eder, any order bearing priority
rating a order placed under any allocation program (mandatory or
voluntary) established pursuant to law, local labor shortage, fire,
flood or other casualty, governmental regulation or requirement,
those above enumerated, a (it) due to any stake, labor dispute, or
difference with workers, regardless of whether or not Seller is
capable of settling any such tabu problem.
6. BUYER'S OBLIGATION TO PASS ON LIMITATION OR
WARRANTIES AND REMEDIES. In order to protect Seller against
claims by Buyers buyer, if Buyer resells any of the products
purchased under this agreement Buyer shall include the language
contained in paragraphs 2 and 3 of this agreement, dealing with
Sellers limitations of warranties and remedies, In an enforceable
agreement wish Buyers buyer, or otherwise include language in an
enforceable agreement with its buyer Nat makes Sellers limitation
of warranties and remedies binding on Its buyer. Buyer shall also
include a provision In its agreement with its buyer applying Ohio law
to any claims its buyer might assert against Seller with respect to
products manufactured by Seller, and requiring Its buyer to bring
any such action against Seller either in federal district court in
Cincinnati, Ohio or the common pleas court for Sul County,
Ohio. Buyer shall defend, indemnify and hold Seller harmless from
any and all claims, causes of action, damages, losses or expenses
(including reasonable afiomays' fees) that Seiler Incurs by reason of
Buyers failure to comply with this paragraph.
T. PASSAGE OF TITLE. Title to the products sold hereunder shall
pass upon delivery to the comer at the point of shipment. Neither
Quotation Pal 5/5
Contech - CONDITIONS OF SALE
Buyer nor the consignee shall have the right to divert or reconsign
such shipment to any destination other than specified in the bill of
lading without pemlission of the Seller. Unless otherwise agreed
Seller reserves the right to select the made of transportation.
8. PAYMENTS AND LATE CHARGES ON PAST DUE
ACCOUNTS. Buyer represents that Buyer Is solvent and can and
will pay for the products said to Buyer In accordance with the terms
hereof. If Buyer shall fail to comply with any provision or to make
payments in accordance with the terms of this contrad or any other
contract between Buyer and Seller, Seller may at its opium defer
shipments or, without waiving any other rights It may have,
terminate this contract All deliveries shall be subject to Me
approval of Sellers Credit Department. Seller reserves the right,
before making any delivery, to require payment in cosh or security
far payment, and 0 Buyer falls to comply with such requirement,
Seller may terminate this contrail. A late charge of 1-'h%monthly
(18%annual rate) or the maximum allowed by state law, If less, will
be imposed on all past due accounts, and Buyer is responsible for
all costs of collection including without limitation reasonable
adomays' fees and court costs.
9. TRANSPORTATION CHARGES. Delivered prices or prices
Involving competitive transportation adjustments Shall be subject to
appropriate adjustment to rafted changes in transportation charges
10. CLAIMS BY BUYER Buyer shall thoroughly inspect products
said under this contract Immeoialely upon record to verify
claims for nonconforming or ddeplve products wind ;ill days aver
the nonconformity, or defect was or should have been discovered. In
addition, Seller must be given an opportunity to investigate the palm
before Buyer disposes of the material, or else Buyers claim will be
barred. Seller shall incur no liability for damage, shortages, or other
cause alleged to have podded or existed at or prior to delivery to
the wrier unless the Buyer shall have entered full details thereof an
Its receipt to the wrier.
it. MECHANICAL PROPERTIES; CHEMICAL ANALYSES. Data
referring to mechanical properties or chemical analysis are the
result of tests performed on specimens obtained from specific
locations of the product(s) in accordance with
prescribed sampling procedures; any warranty thereof is limited to
the values obtained at such locations and by such procedures.
There is no warranty with respect to values of the materials at other
locations.
12. PATENTS. Salter shall indemnify Buyer against atlomeys fees
and any damages or costs awarded against Buyer in the event any
legal proceeding is brought against Buyer by a third person palming
the material delivered hereunder in Itself constitutes an infringement
of any U.S. patent provided Buyer gives Seller prompt notice of any
such suit being brought, gives Seller the opportunity to defend any
such suit and cooperates with Seller with respect to any such
defense; unless the material Is made In amo dance with material
designs, or specifications required by Buyer, in which was Buyer
shall similarly indemnity Seller.
consistently maintained by Seller plus a reasonable profit
thereon, but in no event more than the contract price;
(3) the cost f.o.b. Settees plant of materials and supplies acquired
especially for the purpose of performing this contract; and
(4) reasonable cancellation charges, if any, paid by Seller on
account of any cummitnent(s) made hereunder.
17. SELLER'S RIGHT OF TERMINATION. In addition to the other
rights of termination provided for In this contract, and if tots
mnbect is made pursuant to any governmental rule or regulation,
plan, order or other directive. upon the directive, affected or
Impaired.tendimmon thereof, Seller Shall have the carbon of
canceling this contract In Mole or In part
IS. WANER. Failure or inability of either party to enforce any right
hereunder shall not waive any right In rasped to any other or
future rights or occurrences.
19. DELIVERY. Unless otherwise agreed to in writing by the
Seller, the Buyer hereby agrees to take delivery of the materials
on this order within the later of thirty (30) days after the wanted
date shown on the face of the order or within thirty (30) days after
notification, oral or winded, that the materials are ready for
shipment In the event that the Buyer does not arrange to take
delivery of the materials In accordance with this Contract, Seller,
at Sellers option. may:
(a) invoice the Buyer for Me materials less freight if applicable;
store the material in Settees yard for a period not to exceed sixty
(60) days from the date of invoice; charge a storage fee not to
exceed 5%per month or fraction thereof of the selling price of the
stored materials; add any applicable price increases listed on the
face of the order, charge for any repair work to protective coatings
harmed by weathering while such material is being aimed; and
charge applicable freight when shipment to the Buyer is made.
Materials remaining in storage after sixty (W) days fiord the
invoice date shall become the property of the Seller for disposition
at the Beliefs discretion. In that event Buyer shall not be liable
for the invoice price of the materials, but shall be liable for the
storage fee and any repair work to protective coatings; or
(b) cancel the order and Invoice the Buyer for cancellation
charges, which shall be 25%of the selling price of the materials if
the materials are standard, in -stock material, or the full selling
price Me materials are special or nonstandard In nature and
were especially fabricated for the Buyer.
20. PERIOD OF LIMITATIONS. Buyer and Seller agree that any
each by Buyer against Seller relating to Nis contract or the
products sold hereunder, including, without Ilmiffil any action
for breach of contract or warranty, or otherwise In connection with
Me products sold under this contract, must be commenced by
Buyer against Seiler within one year after the cause of action
therefore accrues or me year of delivery of the products sold
hereunder, If less.
21. CONFLICTING PROVISIONS OFFERED BY BUYER Any
terms and conditions ofany purchase order or other Instrument
Issued by the Buyer, in connection with the subject matter ofthis
document, which are In addition to or Inconsistent with the terms
and conditions expressed herein, will not be binding on Seller in
any matter whatsoever unless accepted by Seiler in writing.
13. PERMISSIBLE VARIATIONS. The products sold hereunder
Mall be subject to Settees standard manufacturing variations,
22. SEVERABILITY. In case any provision of this contrail shall
tolerances and classifications.
be declared invalid. Illegal or unenforceable, the validity, legality
and enforceability of the remaining provisions shall not in any way
14. TECHNICAL ADVICE. Buyer represents that it has made its
be affected or Impaired.
cam Independent determination that the products it is purchasing
under this contract meet the design requirements of Sul project
23. APPLICABLE LAW. This contract shall be governed by. and
and are suitable for Buyers intended application. Buyer further
construed and enforced In accordance with, the laws of Ohio.
represents that it has not relied in any rasped on any written or oral
Buyer and Seller specifically agree that any legal action brought
statements or advice from Seller, other Nan the standard product
relating to the contract shall be brought and tried exclusively in
specifications set forth in the most recent addition of Settees
the federal district mud In Cincinnati, Ohio, or, in the absence of
published product brochures, in making that detenninabon.
jurisdiction, the Berger County Court of Common Pleas in
Hamilton. Ohio.
15. TAXES. No taxes imposed with respect of the sale ofMe
products or services mid hereunder are included in any quotas=
REV. 03115
by Seller. All applicable taxes shall be added and paid by Buyer in
addition to the purchase prim.
16. BUYER'S RIGHT OF TERMINATION. Buyer may terminate this
contract in whole or in part upon notice in wnWg to Seller. Seller
shall (hers up= cease work and transfer to Buyer Use to all
completed and partially completed products and to any raw
materials or supplies acquired by Seller especially for the purpose
of performing this contract, and Buyer shall pay Seller the sum of
the following;
(1) the contract price for all products which have been completed
prior to termination;
(2) the cost to Seller of the material or work in process as shown on
Me books of Seller In accordance with the accounting practice
FDEM APPROVED BUDGET SHEET
Highlighted portions are related to these Contech purchases
Section W. Budget/Costs
ID# 4337-325-R
This section, provide details of aN the esdmated costs of the project. As this information Is used for the Bener-d-Cost Analysis,
reasonable cost estimates are essentlef. Pre -Award Costs, Project Management, and any Contingency (maximum 5%) need to be
reported as separate line items. All cost estimates rounded to the nearest dollar.
A. Materials: Any Material utilized to complete project (include acquistion
of property)
j(ggt Unit
C I
Cost per Unit
Cost
Erosion Control
3400
$2.75
$9,350.00
Type I Turbidity Barrier
1/
$1,000.00
$2,000.00
Soil Tracking Prevention
1
$5,000.00
$5,000.00
Fill Material
1000
$18.00
$18,000.00
Landscape Allowance
1
$10,000.00
$10,000.00
Sod
2000
$3.25
$6,500.00
)k morllex Articulating Concrete Block Revetment System
5383
$140.00
$753,620,00
Nyloplast Yard Basin
4
$800.00
$3,200.00
Contech Conspan Structure
64
$3,000.00
$192,000.00
Stormwater Mitered End Sections
2
$500.00
$1,000.00
Road Pvmt Section (Sub -grade, base, asphalt)
210
$60.00
$12,600.00
Sidewalk
50
$23.50
$1,176.00
Fence (Repair)
{
$12,000.00
$12,000.00
Sub - Total
$1,026,445.00
B. Labor. Include equipment costs. Please indicate all "soft", In-house(""),
or In -kind
matches -donated (").
Descnhon of Task
Qto
Rate
Cast
_J 7ase;loly�Y
Site Preparation
970
$100.00
$97,000.00
Stormwaler Discharge
80
$100.00
$8,000.00
Armornox Articulating
1600
$100.00
$160,000.00.
Stormwater Structures
30
$100.00
$3,000.00
Contech Structure
670
$100.00
$67,000.00
Fence (Repair)
80
$100.00
$8,000.00
sedanPTiaBe/ii_$ub•total
'"
$343,000.00
Sub -Total
$343,000.00
C. Fees Paid Include any other costs associated with the project.
�J Task City Rate
Phase I - Pre -Award wh start ate of_%/_
Professional Services - Survey I As -built 100 $125.00
Professional Services - Civil Engineering 130 $150.00
Professional Services - Environmental Consuitinq 34 $135.00
Regulatory Permitting i $3,000.00
;Fh9S hQNLr Sutrtofal `,$$9,7211.00
Construction Management 1 $48,600.00
ti-,,;..::'.,Notlfies87dafPL[dSeifYsuptota 548600:00
M Sub -Total
D. Sub -Total Estimated Project Cost
E. Contingency Costs (max 5%) Phase 1 0% $3e,725 1.13
Comingency Cosrs (max 5%) Non -Phased or Phase Il .3%d S1,418r.045.00
Total Contingency Costs (maximum 5%) 0"k $1,457.770.00
F.
31412021; Reviewed and Approved by PM:
Cost
$0.00
$12,500.00'
$19,500.00
$4,725.00:
$3.000.001
$48,600.00 1
1
$88,325.0011
$1.457,770.00
SO Of.,
542.541.00
$47,541.00
Final Estimated Project Costs $1,500,311.00