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HomeMy WebLinkAboutR-24-24 Palm Bay Concrete Piggyback ContractRESOLUTION NO. R-24-24 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH PALM BAY CONCRETE & MATERIALS, INC. FOR THE PURCHASE OF CONCRETE RESTORATION AND EXCAVATIONS; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes and City Code of Ordinances Section 2- 10, provide that, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county or other governmental agencies, commonly known as a "piggyback contract'; and WHEREAS, Palm Bay Concrete & Materials, Inc. has an existing contract with the City of Melbourne effective through March 31, 2025 (with five (5) additional one year renewal terms), attached as "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the concrete curb, sidewalk, driveway, restoration and unclassified excavations; and WHEREAS, the City finds that at this time, it is in the City's best interest to enter into a piggyback agreement with Palm Bay Concrete & Materials, Inc. based on the terms of the contract between Palm Bay Concrete & Materials and the City of Melbourne (a political subdivision of the State of Florida), attached as "Exhibit B," for the purchase of concrete curb, sidewalk, driveway, restoration and unclassified excavations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue purchase order to Palm Bay Concrete & Materials, hrc, in an amount not to exceed $15,000, for the purchase of concrete curb, sidewalk, driveway, restoration and unclassified excavations under the Pagel of 2 agreement attached hereto as "Exhibit A" through the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member Dixon , was seconded by Council Member Jones , and upon being put to a vote, the vote was as follows: Mayor Dodd aye Vice Mayor Dixon aye Council Member Jones aye Council Member McPartlan aye Council Member Nunn ave The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of May 2024. ATTEST: 4anetter Williams, Cityty Cle 3 CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and _ Legality: %I Je fe�, Asq., City Attorney ` DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9 PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND PALM BAY CONCRETE & MATERIALS INC. THIS AGREEMENT made and entered into this 8th day of Mav 2024, by and between the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 a Florida municipal corporation (CITY) and Palm Bay Concrete & Materials, Inc. (FEIN: 81-3470681) located at 4000 Adams Lane, Malabar, FL 32950, (VENDOR), (PARTIES); WHEREAS, the City of Melbourne has previously entered into a contract with VENDOR to provide Concrete Curb, Sidewalk, Driveway, Restoration, and Unclassified Excavations (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with VENDOR under the same terms and applicable conditions as that prior agreement entered into by the City of Melbourne to provide Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations and other related tasks as may be assigned by the CITY; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter- governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by the City of Melbourne is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall be from April 1, 2024 until March 31, 2025 with five (5) 12-month renewal options. The contract may be renewed by agreement of the parties in writing under the condition the City of Melbourne executes their renewal option. Pagel of 5 DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the City of Melbourne and VENDOR referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: CITY: Craig Wilson, President Brian Benton, City Manager Palm Bay Concrete & Materials, Inc. City of Sebastian 102 E New Have Ave #114 1225 Main Street Melbourne, FL 32901 Sebastian, FL 32958 4. 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: JEANETTE WILLIAMS, MMC, CITY CLERK 1225 MAIN ST SEBASTIAN, FL 32958 (772)388-8215 JWILLIAMWCITYOFSEBASTIAN.ORG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of 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 this chapter 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 public agency. Page 2 of 5 DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9 D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 5 DocuSign Envelope ID: 16784C4B-B6124029-6657-87BFA3462EF9 IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST: `:DBId]FB]0]F111 ATTEST: W� 4eanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. �/1. J !ifer D. Cockcr04 Esq. City Attorney PALM BAY CONCRETE & MATERIALS INC. By: o ftI.',Iw...� Cra fson, President Date: 5/3/2024 1 2:09:11 PM EDT CITY OF SEBASTIAN, FL Bk Brian Benton, City Manager - Date: a oa. Page 4 of 5 DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9 EXHIBIT A Citv of Melbourne aereement with Palm Bav Concrete & Materials Inc Page 5 of 5 Melbourne The Harbor City � �..kmqk,_ Procurement Division . 900 E. Strawbridge Avenue . Melbourne, Florida 32901 . (321) 603.7062 . Fax (321) 608-7070 PURCHASE AGREEMENT FOR SERVICES Concrete Curb, Sidewalk. Drivewav, Restoration and Unclassified Excavations This PURCHASE AGREEMENT FOR SERVICES — Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations (this "Contract') is entered Into by and between the City of Melbourne, Florida, hereinafter referred to as the CITY, and Palm Bay Concrete & Materials Inc., a Florida Limited Liability Company, whose mailing address is 102 E. New Haven Ave #114, Melbourne, FL 32901 hereinafter referred to as the PRIMARY CONTRACTOR. CITY PROCUREMENT CONTACT: CITY DEPARTMENT CONTACT: CONTRACTOR CONTACT: Procurement Division Public Works and Utilities Palm Bay Concrete & Materials Inc. Department Deena MacDavitt, Senior Nicholas Coster, Utility Operations Craig Wilson - President Buyer Assistant Superintendent 102 E. New Haven Ave #114, 900 E. Strawbridge Ave, City of Melbourne Melbourne, FL 32901 Melbourne, FL 32901 2895 Harper Road, almbayconcrete@gmail.com deena.macdavittOrrilblLorc Melbourne. FL 32904 : 321-408-1808 P: 321-608-7063 / F:321-608-7070 nicholas.coster ,MLBFL.oraa P: 321-608-5 0 / F:321-608-5105 This Contract consists of the following documents: (Mark "X" where applicab e) ® Exhibit A: Standard Terms and Conditions of Purchase Agreement— Services (Std Version 08/23/23) ® Exhibit Al. Statement of Work ® Exhibit A2. Performance Standards ❑ ExhibitA3. Maintenance Agreement ® Exhibit A4. Pricing Schedule ® Exhibit B: Supplemental Provisions ❑ Exhibit C: Federal Compliance Provisions Exhibit D: Bid Specifications ® Exhibit D1: Invitation to Bid # ITB-B24005D-0-2024/DM, as modified by addenda (the "ITB") ❑ Exhibit D2: Request for Proposal # RFP , as modified by addenda (the "RFP") ® Exhibit D3: CONTRACTOR's Responsive Bid dated January 18. 2024, but only to the extent responsive to CITY's ITS or RFP, as the case may be (the "Bid") CITY may purchase and CONTRACTOR shall sell the Services (and Items incidental thereto) as described in Exhibit Al at prices specified In Exhibit A4, in accordance with the terms and conditions of this Contract and the documents marked above as Exhibits, all incorporated herein by reference. This Contract commences on Aoril 1. 2024 (the "Commencement Date"), subject to the Effective Date. This Contract expires on March 31. 2025 (the "Expiration Date") and is O not renewable ® is renewable for up to five (5) one-year additional terms CITY: CONTRACTOR: CITY OF MELBOURNE, PALM BAY CONCRETE & MATERIALS INC. a Florida m corporation a Flor a Corporation Signature Date Jenni mb, City MPeohn. Date t ' a7 ATTEST: Kevin McCt Clerk Title: �5� City Use Only Commencement Dale: Initial Method of Procurement (mark): " Note: But oll000 p no eamor than last of the pads to eseo to ❑ITS# JI!iqwf;S-O—ZoZY f ^ Expiration Date: S ❑RFP# Renewal: ❑No Wes: terms ❑Not P,pplica08 Ap eL ❑Exception: Council Approval Dale: Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 1 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 Sid Version 8/23/2023 Services EXHIBIT A STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT -SERVICES 1. DEFINITIONS A. "item(s)" means any goods or Items, including Intellectual property, provided by CONTRACTOR incidental to the Services. 8. "Hazardous Materals" are or contain dangerous goods, chemicals, contaminants, substances, pollutants, or any other materials that are defined as hazardous by relevant local, state, national, or International law, regulations, and standards. C. "Purchase Order" Is CITY's document setting forth specific Services to be rendered and Order Information. D. 'Order" means CITY's authorization for CONTRACTOR to provide the Services denned in accordance with the CITY's Purchase Order sent to CONTRACTOR. E. 'Service(sy means the work which CONTRACTOR Is to perform for CITY as set forth in Exhibit Al in compliance with the Performance Standards of Exhibit A2 and the Maintenance Agreement of Exhibit A3. F. 'Expiration Date" Is defined as set forth on the first page of this Contract. 2. TERM OF AGREEMENT The term of this Contract shall begin on the Effective Date, and continue to the Expiration Date. The Effective Date of this Contract shall be the date of the last of the parties to sign, unless otherwise stated. If this Contract Is renewable, It shall only be renewed at CITY's sole discretion. 3. PRICING A. Prices set forth on Exhibit A4 shell remain fixed for the duration of this Contract except as provided herein. B. The price charged CITY for any Service shall always be CONTRACTOR's lowest price charged any customerfor that equivalent Service regardless of any special terms, conditions, rebates, or allowances of any nature. If CONTRACTOR sells any Service to any customer at a price less than that set forth herein, CONTRACTOR shall adjust Its price to the lower price for any un-Involced Service and for all future invoices for such Service. For purposes of comparing price under this Paragraph, the price and/or conversion costs of Services shall include those CONTRACTOR cost components which are generic to the Services as compared to othersimllar services generally provided by CONTRACTOR. Such comparison shall be made to the extent Services have simnarcharecleristics, such as labor rates, turnkey material costs, storage expenses, or other specific comparison criteria agreed upon by the parties. C. In the event CONTRACTOR offers a lower price, either as a general price drop or only to some customer(s) for any reason. CONTRACTOR shall immediately Inform CITY of this price and rebate to CITY an amount equal to the difference in the price paid by CITY and the lower price for all such Services provided during the preceding thirty (30) days. D. All Applicable taxes and other charges such as duties, customs, tariffs, Imposts, and government Imposed surcharges paid by CONTRACTOR shall be stated separately on CONTRACTOR's Invoice and bome by CONTRACTOR. In the event that CITY Is prohibited by law from remitting payments to the CONTRACTOR unless CITY deducts or withholds taxes therefrom on behalf of the local taxing jurisdiction. then CITY shall duly withhold such taxes and shall remit the remaining net Invoice amount to the CONTRACTOR. CITY shall not reimburse CONTRACTOR for the amount of such taxes withheld. E. The purchase of equipment, materials, and/or service by the CITY may be exempt from the payment of excise, transportation and sales lax Imposed by the federal, stale and/or other city governments. Upon request, applicable federal excise exemption certificates will be furnished to CONTRACTOR. F. Additional costs Including such taxes, surcharges and delivery costs, except those described on Exhibit A4, will not be paid or reimbursed without CITY's prior written approval. G. CITY reserves the right to have CONTRACTOR's records Inspected and audited to ensure compliance with this Contract. At CITY's option or upon CONTRACTOR's written demand, such audit will be performed by an independent third party at CITY's expense. However, If CONTRACTOR Is found to not be complying with this Contract in any way, CONTRACTOR shall reimburse CITY for all costs associated with the audit, along with any discrepancies discovered, within thirty (30) days after completion of the audit. The results of such audit shall be kept confidential by the auditor to the extent allowed by law and, If conducted by a third party, only CONTRACTOR's failures to abide by the obligations of this Contract shall be reported to CITY. 4. INVOICING AND PAYMENT A. Payment for Services as specified in the contract shall be processed promptly after performance of Services and after receipt of property prepared Invoice(s). Original invoices shall be submitted and shall Include: purchase agreement number from the Purchase Order, purchase order number, line Item number, Order number, part number, complete bill to address, descriptlon of Services, quantities, unit price, extended totals, and any applicable taxes or other charges. For payment, Contractor must render original invoice to the City of Melbourne, Accounts Payable Division, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. CONTRACTOR shall be responsible for and hold the CITY harmless for any and all payments to CONTRACTOR's vendors or subcontractors utilized In the performance of the Services. C. Discounts for prompt payment will not be considered in bid evaluations, unless otherwise specified. Offered discounts, however, will be taken If payment Is made within the discount period. D. Payment is made when CITY's check Is mailed or EDI funds transfer initiated. E. CITY is a local governmental entity subject to the local Government Prompt Payment Act §218.70. at seq., Fla. Slat. and payment by CITY shall be made in compliance with said Act. Late charges may be assessed subject to said Act but only to the extent set forth in this Contract. F. No payments shall be made In advance of acceptance of services not covered under this Contract norfor Services not acceptable to CITY. G. CONTRACTOR agrees to Invoice CITY no later than sixty (60) days after performance of Services. CITY will not be obligated to make payment against any invoices submitted after such period. H. Payment by the CITY shall be subject to approval and acceptance of Services by CITY. Notwithstanding the foregoing, CITY's payment shall not constitute acceptance. 5. NON -APPROPRIATION — All funds for payment by CITY under this Contract are subject to the availability of an annual appropriation for this purpose by the Melbourne City Council. In the event of non -appropriation of funds by the Melbourne City Council for the Services provided under this Contract, CITY will terminate this Contract, without termination charge or other liability, on the last day of the then- current fiscal year or when the appropriation made for the then - current year for the Services covered by this Contract is spent, whichever event occurs first If at any time funds are not appropriated for the continuance of this Contract, CONTRACTOR on thirty (30) days prior written notice shall accept cancellation, but failure to give such notice shall be of no effect and CITY shall not be obligated under this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 2 of 17 April 2024 beyond the date of termination. S. NON -EXCLUSIVITY The right to provide the Services, which will be granted underthls Contract, shall not be exclusive. The CITY reserves the right to competitively bid any Services from another provider when It is In the best Interest of CITY. 7. TERMINATION A. CITY may terminate this Contract or any Purchase Order Issued, or any part thereof, at any time for its sole convenience by giving thirty (30) days written notice of termination to CONTRACTOR. B. CITY may terminate this Contract upon written notice to CONTRACTOR In the event CONTRACTOR defaults on any of the terms and conditions of this Contract and such failure continues for a period of fifteen (15) days following notice from CITY specifying the default. C. Notwithstanding the foregoing, CITY may immediately terminate this Contract, without providing CONTRACTOR with notice of default or an opportunity to cure, If CITY determines that CONTRACTOR has failed to comply with any of the terms and conditions of this Contract related to safety, indemnification or insurance coverage. D. Notwithstanding the foregoing, CITY reserves the right to immediately terminate this Contract by providing written notice to CONTRACTOR but without an opportunity to cure if CITY determines CONTRACTOR knowingly furnished any statement, representation, warranty or certification In connection with the solicitation of CONTRACTOR's bid or this Contract, which representation was materially false, deceptive, incorrect, or incomplete. E. Notwithstanding the foregoing, CITY reserves the right to Immediately terminate the contract by providing written notice to CONTRACTOR If the State of Florida or the federal government enacts a law, which removes or restricts the authority of CITY to conduct all or part of Its function. F. Upon receipt of such notice of termination, CONTRACTOR shall: (1) discontinue the terminated work In accordance with CITY's instructions. (2) thereafter perform only such portion of the work not terminated, (3) not place furlherorders or enter into further subcontracts for Services relating to this Contract, and (4) terminate all existing orders and subcontracts insofar as such orders and subcontracts relate to the performance of this Contract. G. There shall be no termination charges for Services not yet provided. The CITY will be responsible for payment of authorized Services already provided by CONTRACTOR but not yet invoiced, provided such Services have been approved by the CITY. Upon payment of CONTRACTOR's claims, the CITY shall be entitled to all work and materials paid for. H. Before assuming any payment obligation under this section, the CITY may Inspect CONTRACTOR's work In process and audit all relevant documents prior to paying CONTRACTOR's Invoice. 1. There shall be no charges for termination of orders for Services. Notwithstanding anything to the contrary, CONTRACTOR shall not be compensated in any way for any work done after recelpt of CITY's notice, nor for any costs Incurred by CONTRACTOR's suppliers or subcontractors after CONTRACTOR receives the notice, nor for any costs CONTRACTOR could reasonably have avoided. J. Notwithstanding anything else In this Contract, failure to meet the performance date(s) In this Contract shall be considered a material breach of contract and shall allow CITY to terminate the order for the Services and/or any subsequent Orders in the Purchase Order without any liability. 8. FORCE MAJEURE Neither party shall be responsible for its failure to perform due to causes beyond Its reasonable control such as acts of God, fire, theft, war, riot, embargoes, or acts of civil or military authorities. If Services are to be delayed by such contingencies, CONTRACTOR shall Immediately notify CITY In writing and CITY may either. (1) extend time of performance; or(11) terminate all or pan of the uncompleted portion of the Purchase Order at no cost to CITY. 8. SCHEDULING AND ORDERS A. CONTRACTOR shall promptly perform Services as scheduled or shall promptly notify the CITY if unable to perform any scheduled Services and shall state the reasons. B. CITY may place any portion of an Order on hold by notice which shall take effect immediately upon receipt. Orders placed on hold will be rescheduled or canceled within a reasonable time. C. CITY shall have no obligation with respect to the purchase of Services underthls Contract until such Services are specified in an Issued Purchase Order. D. CONTRACTOR, in performing work under this Contract, shall provide and maintain during the life of this Contract, equipment and staff sufficient in number, condition and capacity to efficiently perform the work and provide the Services required by this Contract. 10. WARRANTY A. CONTRACTOR represents and warrants that all Services provided shall be performed In a workmanlike and competent manner in accordance with the highest professional standards In CONTRACTOR's trade or Industry, and shall meet the descriptions and specifications provided on Exhibit Al and the performance standards stated in Exhibit A2. CITY may inspect and test all Items and review Services at reasonable times in such manner as shall not unreasonably hinder or delay CONTRACTOR's performance. All Items and Services shall be received subject to CITY's Inspection, testing, approval, and acceptance at CITY's premises notwithstanding any Inspection or testing at CONTRACTOR's premises or any prior payment forsuch Services. Items rejected by CITY as not conforming to this Contract or specifications, whether provided by CITY or fumished with the Item, may be returned to CONTRACTOR at CONTRACTOR's risk and expense and, at CITY's request, shall Immediately be repalred or replaced. B. CONTRACTOR makes the following warranties regarding Items furnished hereunder, which shall survive any delivery, Inspection, acceptance, payment, or resale of the Services and Items: () Items will not infringe any party's Intellectual property rights; Qf) CONTRACTOR has the necessary right, tide, and Interest to provide said Items to CITY, and the Items will be free of liens and encumbrances; (II) Items are new, and of the grade and quality specified; (N) Items are free from defects in workmanship and material, conform to all samples, drawings, descriptions, and specifications furnished or published by CONTRACTOR, and to any other agreed -to specifications; and (v) Items conform to the manufacturing quality provisions set forth in Exhibit A2. C. If CONTRACTOR breaches any of the foregoing warranties, or Items are otherwise non -conforming, during a period of three (3) years after CITY's acceptance of Services, CONTRACTOR shall, at CITY's option, (1) promptly correct any non -conforming or detective workmanship at no additional cost to the CITY; or (it) CONTRACTOR shall promptly repair, replace, or refund the amount paid for such Items and Services; and (iii) shall pay to CITY all incidental and consequential damages arising from breach of the foregoing warranties. CONTRACTOR shall bear the cost of shipping and risk of loss of all defective or non- conforming Items while In transit. Notwithstanding the foregoing, the parties agree that the term of the manufacturer's standard warranty shall apply to all manufacturing defects. 11. INDEPENDENT CONTRACTOR In performing Services underthls Contract, CONTRACTOR Is an independent contractor and Its personnel and other representatives shall not act as nor be agents or employees of the CITY. As an independent contractor, CONTRACTOR will be solely responsible for determining the means and methods for performing the required Services. CONTRACTOR shall have complete charge and responsibility for personnel employed by CONTRACTOR; however, the CITY reserves the Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 3 of 17 April 2024 right to Instruct CONTRACTOR to remove from the CITY's premises Immediately any of CONTRACTOR's personnel who are In breach of Paragraph 17 herein. Such removal shall not relieve CONTRACTOR's obligation to provide Services under this Contract 12. SECURITY CONTRACTOR confirms that employees of CONTRACTOR performing work at the CITY's facilities have no record of criminal convictions Involving drugs, assault or combative behavior, or theft within the last five years. CONTRACTOR understands that such employees may be subject to criminal history Investigations by the CITY at the CITY's expense and may be denied access to the CITY's facilities if any such criminal convictions are discovered. 13. OWNERSHIP AND BAILMENT RESPONSIBILITIES A. Any specifications, drawings, schematics, technical Information, data, tools, dies, patterns, masks, gauges, computers, lest equipment, and other materials fumished or paid for by CITY shall: (1) remain or become the CITY's property; (II) be used by CONTRACTOR exclusively for CITY's orders; (III) be clearly marked as CITY's property and segregated when not in use; (iv) be kept In good working condition at CONTRACTOR's expense; and (v) be shipped to CITY promptly on demand. B. CONTRACTOR shall insure CITY's personal property and be liable for loss or damage while in CONTRACTOR's possession or control, ordinary wear and tear excepted. 14. ASSIGNMENT OF INTELLECTUAL PROPERTY CONTRACTOR hereby assigns to CITY all right, title, and Interest to all Intellectual property created by the CONTRACTOR arising out of crutilized by the CONTRACTOR in the performance of this Contract and the ownership of the Intellectual property shall be vested solely In the CITY. In respect to copyrights, this assignment shall be effective for the entire duration of the copyrights and shall Include, but not be limited to, all rights to derivative works. The CONTRACTOR waives all rights of attribution and integrity for spedfic works created by CONTRACTOR under this Contract. 15. INTELLECTUAL PROPERTY INDEMNIFICATION CONTRACTOR shall defend, Indemnify, and hold CITY and its employees, officers, agents, representatives, and subcontractors harmless from any costs, expenses (Including reasonable attorneys' fees), losses, damages, or liabilities Incurred because of actual or alleged infringement of any patent, copyright, trade secret, trademark, maskwork, or other Intellectual property right, arising out of the use or sale of Items or CONTRACTOR's Services. If an Injunction Issues as a result of any such claim or action, CONTRACTOR agrees at CONTRACTOR's expense and CITY's option to either: (1) procure the right to continue using Items; (II) replace them with non -Infringing Items; (Ili) modify them so they become non - infringing; or (iv) refund to the CITY the amount paid for any Items returned to CONTRACTOR or for any Item destroyed and for Services connected therewith. 16. GENERAL INDEMNIFICATION CONTRACTOR shall, to the fullest extent permitted bylaw, protect, defend, indemnify, and hold CITY and Its employees, officers, agents, representatives, and subcontractors harmless from and against any and all claims, liabilities, demands. penalties, forfeitures, suits, judgments, and the associated costs and expenses (including attorney's lees), which may hereafter Incur, become responsible for, or pay out es a result of: death or personal Injury (including bodily Injury) to any person, destmctlon or damage to any property, contamination of or adverse effects on the environment, and any clean up costs in connection therewith, or any violation of law, governmental regulation or orders, to the extent caused by (1) CONTRACTOR's breach of any tern or provision of this Contract; (11) any negligent or willful ads, errors, or omissions by CONTRACTOR, Its employees, officers, agents. representatives, or subcontractors In the performance of this Contract; or(111) dangerous defects In Items. In agreeing to this paragraph the CITY does not Intend to alter, extend or waive any defense of sovereign Immunity to which it may be entitled under the Florida Constitution, §768.28. Fla. Stat. or otherwise provided. 17. COMPLIANCE WITH LAWS A. CONTRACTOR shall comply with all national, state, and local laws and regulations governing the manufacture, transportation, and/or sale of Items and/or the performance of services In the course of this Contract. Lack of knowledge by CONTRACTOR shall in no way be cause for relief from responsibility. These may Include, but are not limited to, Department of Commerce, Environmental Protection Agency, and Department of Transportation regulations applicable to Hazardous Materials and all Immigration, employment and labor laws governing CONTRACTOR's personnel provlding Services to the CITY. B. CONTRACTOR represents and warrants that it is In compliance with Equal Employment Opportunity regulations, unless exempted or Inapplicable. C. CONTRACTOR represents and warrants that the Items supplied and Services provided to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended. Upon request of CITY, CONTRACTOR shall provide copies of CONTRACTOR's OSHA 300 safety logs (summaries only) and the safety logs (summaries only) of CONTRACTOR's subcontractors for the past twenty-four(24) months. D. CITY actively supports the Immigration and Nationality Act (INA), which Includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States. The employer must verify the identity and employment eligibility of anyone to be hired, which Includes completing the Employment Eligibility Verification Form (1-9). CONTRACTOR shall establish appropriate procedures and controls so no services or products under this Contract will be performed or manufactured by any worker who Is not legally eligible to perform such services or employment. CONTRACTOR shall register with the E-Verify system operated by the United Stales Department of Homeland Security and shall verify through the E-Verify, system the employment eligibility of persons providing labor, supplies or services in exchange for salary, wages or other remuneration as required by §448.095, Fla. Slat. Notwithstanding anything to the contrary In this Contract, the CITY reserves the right to terminate this Contract in accordance with §448.095, Fla. Stat E. Public Entity Crimes Statement. CONTRACTOR represents and warrants that is not listed on the State of Florida's convicted vendor listing established under the provisions of §287.133. Fla. Slat., whereby the State of Florida maintains a convicted vendor listing which excludes those listed suppliers from bid submittal for a period of thirty-six (36) months. CONTRACTOR acknowledges the continuous duty to disclose to the CITY If CONTRACTOR or any of Its affrllates are placed on the convicted vendor list. F. CONTRACTOR shell maintain, for the duration of this Contract, all valid licenses and certificates required for the performance of work and Services and provision of Items. G. Scrutinized Companies. Subject to Odebracht Construction, Inc., v. Prasad and Odebrecht Construction, Inc., v. Secretary, Florida Department of Transportation and their progeny, as applicable, CONTRACTOR certifies that it (a) has not been placed on the Scrutinized Companies that Boycott Israel List, nor is engaged In a boycott of Israel; (b) has not been placed on the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities In the Iran Petroleum Energy Sector List; and ® has not been engaged in business operations in Cuba or Syria In violation of §287.135, Fla. Slat. If the CITY determines that CONTRACTOR has falsely certified facts under this sub -paragraph or if CONTRACTOR is found to have been placed on the Scrutinized Companies Lists or Is engaged in a boycott of Israel after execution of this Contract, CITY will have all rights and remedles to terminate this Contract Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 4 of 17 April 2024 consistent §287.135, Fla. Stat. CITY reserves all rights to waive certifications required by this paragraph on a case -by -case exception basis pursuant to §287.135, Fla. Slat.. H. Foreign Gifts and Contracts. CONTRACTOR must comply with any applicable disclosure requirements In §286.101, Fla. Slat. L Foreign Country of Concern. CONTRACTOR represents and warrants that It is not an entity that gives or will give access to an IndNltlual's personal Identifying Information in violation of §287.138, Fla. StaL J. Environmental and Social Government and Corporate Activism. Pursuant to §287.05701, Fla. Slat., CITY cannot give preference to a vendor based on social, political or Ideologic Interests as set forth therein. Violations of this restriction will result In termination of this Contract and may result in administrative sanctions and penalties by the Office of the Attorney General of the Slate of Florida. K. CONTRACTOR agrees to abide by all of CITY's rules and regulations while on CITY's premises or performing Services Including, but not limited to, safety, health and Hazardous Material management rules, and rules prohibiting misconduct on CITY's premises such as use of physical aggression against persons or property, harassment, and theft. CONTRACTOR will perform only those Services identified on Exhibit At and will work only in areas designated for such Services. CONTRACTOR shall lake all reasonable precautions to ensure safe working procedures and conditions for performance on CITY's premises and shall keep CITY's site neat and free from debris. L. Failure to comply with this Paragraph shall be considered breach of contract. 18. RETENTION AND AUDIT A. CONTRACTOR understands and agrees that CITY Is a public entity subject to the Florida Public Records Law and, as such, CONTRACTOR agrees to retain public records, and upon request by CITY provide to CITY those public records requested, which retention and access shall be pursuant to Chapter 119, Fla. Slat.. B, The CITY reserves the right to audit the records of CONTRACTOR for the Services and Items provided under this Contract at any time during the performance and term of this Contract and for a period of five (5) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR agrees to submit to an audit by an independent certified public accountant selected by CITY. CONTRACTOR shall allow CITY to inspect, examine and review the records of CONTRACTOR in relation to this Contract at any and all times during normal business hours during the term of this Contract. Records relating to the performance of this Contract shall be made available to CITY for audit upon reasonable notice. C. A request to Inspect or copy public records relating to this Contract for Services must be made directly to the CITY and CONTRACTOR shall not release a public record in response to a request arising from anyone other then the CITY. D. To the extent CONTRACTOR is "acting on behalf of the CITY" CONTRACTOR shall be subject to the following provisions: (I) As required by §119.0701, Fla. Slat., CONTRACTOR shall (1) Keep and maintain public records required by the CITY to perform the Services. (2) Upon request from the CITY, provide the City with a copy of the requested records or allow the records to be Inspected orcopled within a reasonable time at a cost that does not exceed the cost provided by law. (3) Ensure that public records are exempt or confidential and exempt from public records disclosure requirements that are not disclosed except as authorized by law for the duration of the Contract and following completion of the Contract If the CONTRACTOR does not transfer the records to the CITY. (4) Upon completion of the Contract, transfer, at no cost, to the CITY all public records In possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the Service. If the CONTRACTOR transfers all public records to the CITY upon completion of the Contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a formal that Is compatible with the information technology systems of the CITY. (r1) The CONTRACTOR who fails to produce the public records as required by §119.0701, Fla. Slat. may be subject to penalties pursuant to §119.10, Fla. Slat. and civil action pursuant to §119.0701(4) and such failure to produce shall be considered a material breach of this Contract by CONTRACTOR In the event of such breach, in addition to all other remedies available, CONTRACTOR shall pay to CITY all Incidental and consequential damages arising from such breach. Including attorneys' tees and costs incurred by the CITY In defending a public records action as well as those assessed against the CITY In such public records action. (GI) The term "public record" as used in this section Includes all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, date processing software, or other material, regardless of the physical form, characteristics or means of transmission, made or received pursuant to law or ordinance and In ccnnectionwith the transaction ofof9cial businessbyoron behalf of the CITY. Guidance as to whether something is a "public record; whether the public record is confidential or exempt, and the applicability or Implementation of the provisions of Florida public records law, may be sought from the CITY's City Attorneys Office or the City Clerk's Office; provided that the CONTRACTOR hereby agrees that neither the City Attorney s Office northe City Clerk's Office Is providing legal orotheradvice to be relied upon by CONTRACTOR. 19. MERGER, MODIFICATION, WAIVER, AND REMEDIES A. This Contract contains the entire understanding between the CITY and CONTRACTOR with respect to the subject matter hereof and merges and supersedes all prior and contemporaneous agreements, dealings and negotiations. No modification, alteration, or amendment shall be effective unless made in writing, dated and signed by duly authorized representatives of both parties. Any additional or different terms In CONTRACTOR'S documents are deemed to be material alterations and notice of objection to and rejection of them is hereby given. B. CONTRACTOR shall not substitute the Items. C. In the event of any conflict between or among this Contract or any ambiguity or missing specifications or instruction, the following priority Is established: • First, the "Supplemental Provisions" set forth as Exhibit B to the Contract; • Second, the "Federal Provisions" set forth as Exhibit C to the Contract; • Third, these 'Standard Terms and Conditions of Purchase Agreement — Services" Incorporated by reference into the Contract. • Fourth, CITY's Invitation to Bid or CITY's Request for Proposal, as the case may be, with supporting addenda and CONTRACTOR's bid but only to the extent responsive to CITY's request, collectively set forth as Exhibit D to the Contract. D. No waiver of any breach hereof shall be held to be a waiver of any other or subsequent breach. E. CITY's rights and remedies herein are In addition to any other rights and remedies provided by law or In equity. F. If any provision of this Contract is determined by a court of competent jurisdiction to be Invalid. Illegal, or unenforceable, such determination shall not affect the validity of the remaining provislons unless CITY determines in its discretion that the court's determination causes this Contract to fall in any of its essential purposes. G. Notwithstanding anything else contained In this Contract, CITY and CONTRACTOR specifically agree that failure to perform certain obligations undertaken in connection with this Contract would cause irreparable damage, and that monetary damages Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne 8 Palm Bay Concrete 8 Materials, Inc. Page 5 of 17 April 2024 would not provide an adequate remedy In such event The parties further agree that CONTRACTOR's failure to complete performance of the Services called for In this Contract or on any project Ordered under this Contract, or failure to perform or effect performance of Services as contracted are such certain obligations. Accordingly, It is agreed that, in addition to any other remedy to which the non -breaching party may be entitled, at law or In equity, the non -breaching party shall be entitled to an order of specific performance to compel performance of such obligations. 20. DISPUTES In case of dispute arising under this Contract between the parties, the decision of the CITY of Melbourne shall be final and binding of both parties. 21. ASSIGNMENT; SUBCONTRACTORS CONTRACTOR may neither assign nor factor any rights in nor delegate any obligations under this Contract or any portion thereof without the written oonsentof the CITY. CITY may cancel this Contract forcause should CONTRACTOR attempt to make an unauthorized assignment of any right or obligation arising hereunder. This Contract may be amended only in writing signed by CONTRACTOR and CITY and subject to with the same degree of formality evidenced In this Contract. Nothing contained in this Contract will be construed as establishing any contractual relationship between CITY and any subcontractor of CONTRACTOR. CONTRACTOR will be fully responsible to CITY for the acts and omissions of the CONTRACTOR's subcontractor(s) and their employees. When subcontracting Is allowed, any changes in subcontractors shall require prior written approval by the CITY. 22. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES CITY encourages and agrees to CONTRACTOR extending the pricing, terms and conditions of this Contract to other governmental entities at the discretion of CONTRACTOR. 23. APPLICABLE LAW This Contract is to be construed and interpreted according to the laws of the State of Florida and all legal proceedings regarding this Contract shall be filed in Brevard County, Florida. 24. HEADINGS The headings provided in this Contract are for convenience only and shall not be used in interpreting or construing this Contract. 25. SURVIVAL The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13 (Ownership and Bailment), 14 (Assignment of Intellectual Property), 15 (Intellectual Property Indemnification), 16 (General Indemnification), 18 (Retention and Audit), 19 (Merger, Modification, Waiver and Remedies), 20 (Disputes), 23 (Applicable Law), 24 (Headings), and 26 (Survival), and, as applicable, Exhibit At (Product Description and Statement of Work), Exhibit A2 (Performance Standards), Exhibit A3 (Maintenance Agreement except for Technical Support which expires or terminates), Exhibit C (Federal Compliance Provisions), all of which will survive any termination or expiration of this Contract. 26. TIME Time is of the essence in the performance of this Contract. 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 AS FOLLOWS: City Clerk 900 East Strawbridge Avenue Melbourne, Florida 32901 Telephone: 321-608-7220 Email: offCitv.ClerkQMLBFL.org THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 6 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 EXHIBIT Al STATEMENT OF WORK Awarded BIDDER (hereinafter referred to as the "CONTRACTOR") shall furnish and deliver all Services (and Items incidental thereto) set forth herein, in compliance with the Performance Standards/Quality Requirements of Exhibit A2. GENERAL DESCRIPTION CONTRACTOR shall furnish all labor, materials, equipment, supervision and transportation necessary for as needed concrete restoration. II. GENERAL A. CONTRACTOR shall have full and direct responsibility for the performance and completion of work under the awarded contract and for any act or neglect of the CONTRACTOR, his agents and employees. He/She shall bear all losses, If any, resulting on account of the amount and character of the work, or because the conditions underwhich the work must be done are different from what were estimated or anticipated by him/her, or because of weather, floods, elements or other causes. B. CONTRACTOR must have sufficient manpower and equipment to be able to respond as outlined in these bid specifications. The unit price shall Include maintenance of traffic (MOT) as required by all City, County and Florida Department of Transportation (FDOT) regulations. If MOT is not correctly set up, City shall have the right to stop work until MOT is correct. This will be done at no additional cost to the CITY. C. CONTRACTOR must have proprietary rights to a Volumetric Mobile Concrete Mixer Truck that carries a minimum truck size load capacity of 9 cubic yards and allocated materials on site, i.e. cement, water, sand, stone, and fiber mix etc. to ensure a 9 cubic yard load and timely response for standard and/or emergency operations. D. CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. E. CONTRACTOR hereby agrees to complete assigned work orders within two (2) weeks for sidewalks and curbing, and one (1) week to complete driveways and aprons, subject to such extensions of time are provided by general and special conditions. Failure to complete assigned work orders in a timely manner may result in the termination of the purchase order/contract. F. CONTRACTOR shall fully comply with all local, State, and Federal laws, including all codes, ordinance and regulations applicable to this contract and work to be done thereunder, which exist or which may be enacted later by governmental bodies having jurisdiction or authority for such enactment. G. During performance and up until the date of final acceptance, the CONTRACTOR shall be under the absolute obligation to protect the finished work against any damage. In the event such damage, the CONTRACTORshall promptly replace or repair such work, whichever the City shall determine to be preferable. All risk of loss or damage to the work shall be bome solely by the CONTRACTOR until final completion and acceptance of all work by the City. H. CONTRACTOR shall be responsible to provide and maintain all warning devices and take all precautionary measures required by law or otherwise to protect persons and property while said persons or property are approaching or leaving the work site or any area adjacent to the said work site. No separate/additional compensation shall be paid to the CONTRACTOR for the Installation or maintenance of any warning devices, barricades, lights, signs and other precautionary measure required by law. Concrete Curb, Sidewalk. Driveway, Restoration and Unclassified Excavations Page 7 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 I. Work under the awarded contract includes the CONTRACTOR being responsible for removing all form work and cleanup of the work area, including backfill and compaction to the satisfaction of the CITY. J. CONTRACTOR shall provide and maintain during the life of the awarded contract, equipment sufficient in number, condition and capacity to efficiently perform the work required by the awarded contract. All company vehicles must be maintained in good repair, appearance, and sanitary condition at all times. The CITY reserves the right to inspect the CONTRACTOR'S equipment at any time to ascertain said condition. K. CONTRACTOR must provide a company asset list including pictures of Volumetric Mobile Mixer Truck(s), Vehicle Identification Number(s) and License Plate Numbers at time of bid submittal. Vehicles shall be marked with the Company logo and the logo shall contain the company name and contact number. Logo shall be readable and visible to the public. L. CONTRACTOR employees should be neat in appearance, be idenfifiable as company employees and wear appropriate safety gear at all times. M. The CITY may terminate contract if CONTRACTOR persistently falls to perform the work in accordance with the contract documents including but not limited to failure to supply sufficient skilled workers, suitable materials, and equipment or otherwise violates in any substantial way any provisions of the contract documents. The CITY shall have the right to terminate said agreement by giving the CONTRACTOR ten (10) days written notice and terminate the services of the CONTRACTOR from the site and take possession of the work. The CITY will determine in its sole judgment what constitutes a satisfactory level of service. N. CONTRACTOR shall coordinate with business/property owner(s) prior to beginning of any work that requires closing or replacing driveways. III. SCOPE OF WORK A. Concrete sidewalk a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4", 6"or 8" thick as required). e. CONTRACTOR shall finish to match existing sidewalk, including fill as necessary. f. CITY shall provide CONTRACTOR the truncated dome detectable warning mats for installation by CONTRACTOR. Installation of detectable warning mats shall be in accordance with Section 527-3 of the Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge Construction, 2010 and Index 304 of the FOOT Design Standards, 2008. (Or latest version.) B. Concrete curb (Miami and "F") a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall set forms to finish grade. c. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete. d. CONTRACTOR shall finish to match existing curbing, including fill as necessary. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 8 of 17 City of Melbourne 8 Palm Bay Concrete 8 Materials, Inc. April 2024 C. Concrete driveway, a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.) b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8" deep as required) so the raw earth is completely level prior to the pouring of concrete. c. CONTRACTOR shall set forms to finish grade. d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4" or 6" thick as required.) e. CONTRACTOR shall finish to match existing driveway, including fill as necessary. CONTRACTOR shall finish to match existing concrete retaining wall, including fill as necessary. D. Unclassified Excavations Unclassified excavations is defined as any material required to be removed prior to the concrete work commencing at a location. This may include, but Is not limited to dirt, sand, rock and lime rock. E. Forms Forms shall be set to finished grade and line shall be securely staked to prevent displacement during placing of concrete. Forms may be set off from the original line to provide room for existing trees as directed by the CITY. There will be no additional charge for changing original line of sidewalk. Subgrade and forms shall be thoroughly watered Immediately prior to placing of concrete. After forms are pulled, a clean top soil shall be used as a backfill. All excavated areas and voids adjacent to concrete work shall be completely backfilled and compacted as needed to prevent cracking or settling of new concrete. No additional payment will be made for this work. IV. SITE REQUIREMENTS A. Work Site a. Utility Locates: CONTRACTOR shall be required to have all utilities located at least forty-eight (48) hours prior to the start of any work. It is the responsibility of the CONTRACTOR to ensure the proper utility is notified as soon as any utility is cut or damaged. b. The CITY marks the saw cut and excavation limit on each repair site. All concrete shall be saw cut along neat lines prior to removal. Any pavement that is chipped or broken outside the saw cuts due to CONTRACTOR error will be repaired at the CONTRACTOR expense. c. CONTRACTOR shall excavate earth in excess of that required for back filling shall be removed from the job site and disposed of in a satisfactory manner except in locations where, in the judgment of the CITY and property owner, it can be neatly spread over the adjacent area. No stock piling of material in the street will be allowed after work hours. d. CONTRACTOR shall establish positive drainage during the initial phase of grading and maintained throughout construction. The CONTRACTOR will determine grading by use of an Instrument as requested by the CITY. Any completed areas within the project that do not have positive drainage will be removed and corrected at the CONTRACTOR'S expense. e. CONTRACTOR shall remove all trees, stumps, brush and other debris or deleterious material generated as part of this work. Proper disposal of these items is the sole responsibility of the CONTRACTOR. Disposal must be completed upon job completion. f. CONTRACTOR shall protect trees that are to remain free from damage. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 9 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 g. Inspections will be performed by the CITY upon receipt of Invoice to be paid for each location. Any discrepancies will be noted and forwarded to the CONTRACTOR within five (5) days of that Inspection. If the work is accepted, the invoices shall be processed. h. CONTRACTOR shall ensure all debris, including but not limited to, broken concrete, roots, other vegetation, wood chips and general rubble shall be completely removed from the site and disposed of by the CONTRACTOR daily. If stockpiling of debris occurs, the CITY will remove the debris and deduct the cost from CONTRACTOR'S payments. I. No material which has been used for any temporary purpose, is to be Incorporated in the permanent structure without written consent from the CITY. 2-9q=In CONTRACTOR shall remove all stakes, excess concrete spills, rubble, debris and other undesirable material from the site. The entire work site shall be completely free of foreign material, caused by the CONTRACTOR'S activity, and shall be entirely restored to its original condition or better. C. Traffic Control a. CONTRACTOR shall provide warning signs, barricades, channeling devices, and flagmen as needed to provide for the safety of the traveling public. Traffic control may include, but is not limited to, lane closures, detours, and road closings. A traffic control plan in conformance with the latest version of the Florida Department of Transportation's (FDOT) Manual of Uniform Traffic Control Devices (MUTCD) must be submitted for each separate street where work will be performed as deemed necessary by CITY. Free- hand drawings will not be accepted. b. CONTRACTOR shall ensure that each person whose actions affect temporary traffic control zone safety, from upper level management through field personnel, has received training appropriate to the job decisions each individual is required to make concerning traffic control. c. CONTRACTOR shall ensure all sidewalk repairs will have Type 1 barricades with "Sidewalk Closed" signs at the beginning and end of each excavation site. d. CONTRACTOR shall ensure that no street shall be closed without written approval from the CITY. e. CONTRACTOR shall ensure all construction signing shall be reflective and "like new" in appearance. The CITY may require that the signs be replaced which do not meet these requirements. f. CONTRACTOR shall ensure construction signing shall not be removed from work zone until approved by the CITY. D. Temoorary Construction Water Meter CONTRACTOR shall make arrangements with Meter Services for a temporary water meter. CONTRACTOR is responsible for paying temporary meter deposit and all water required for this project. E. Concrete Mix CONTRACTOR shall provide the CITY verification of concrete strength under special consideration or event for any project completed under this contract. Concrete used for each project under this contract shall be a minimum 3,000 psi, fiber -reinforced concrete. F. Eoufoment Lefton Jobsite CONTRACTOR shall ensure all equipment left on Jobsite overnight shall be located within the lane closure and safely barricaded. If the lane closure is not large enough to safety accommodate the equipment, it will not be allowed to be left in the street. Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 10 of 17 City of Melbourne & Palm Say Concrete & Materials, Inc. April 2024 G. Handicap Ramps CONTRACTOR shall construct ramps in accordance with the FDOT Roadway and Traffic Design Standards and the Florida Accessibility Code for Building Construction, most current edition. Placement of ramps shall be coordinated with the City. H. Stamping CONTRACTOR shall ensure areas of pavement and median pavement for this project will receive a stamped and patterned surface with coloring in accordance with local, state and federal requirements. This includes their requirements for expansion joints, joint filler board, welded wire fabric and concrete mix. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 11 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 EXHIBIT A4 PRICING SCHEDULE CONTRACTOR shall provide all Services (and Items incidental thereto) and work set forth in this Contract for the cost stated below. Price to Include all grading/excavating aspects, site preparation, leveling, fill work, and all labor and material. ESTIMATED EXTENDED ITEM DESCRIPTION ANNUAL UOM UNIT PRICE PRICE # QUANTITY Cubic 1 3000 PSI concrete, including 500 $202.68 $101,340.00 fiber mix Yard 2 Sidewalk, 4"— remove, form 1350 Square $10.79 $14,566.50 and pour Foot 3 Sidewalk, 4"— form and pour 4000 Square $g OB $32,320.00 Foot 4 Curb, Miami — remove, form 150 Linear $49.91 $7,486.50 and pour Foot 5 Curb, Miami — form and pour 400 Linear Foot $47.21 $18,884.00 6 Curb, "F"—remove, form and 100 Linear $49.91 $4,991.00 Foot pour 7 Curb, "F" — form and pour 200 Linear $47.21 $9,442.00 Foot 8 Driveway, 4" — remove, form 250 Square Foot $10.79 $2,697.50 and pour 9 Driveway, 4" — form and pour 600 Square $8.08 $4,848.00 Foot 10 Driveway, 6" — remove, form 1750 Square $11.46 $20,055.00 and pour Foot 11 Driveway, 6"—form and pour 2000 Square $8 78 $17,560.00 Foot 12 Sidewalk, 6" — remove, form 75 Square $11.46 $859.50 and pour Foot 13 Sidewalk, 6"—form and pour 300 Square $8 78 $2,634.00 Foot 14 Sidewalk, 8"— remove, form 75 Square $12.13 $909.75 and pour Foot 15 Sidewalk, 8" — form and pour 300 Square $g 43 $2,829.00 Foot 16 Unclassified excavation, curb 100 Linear $4.05 $405.00 Foot Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 12 of 17 City of Melbourne 8 Palm Bay Concrete 8 Materials, Inc. April 2024 17 Unclassified excavation, 300 Square $4.05 $1,215.00 sidewalk Foot 18 Unclassified excavation, 400 Square $4.05 $1,620.00 driveway Foot 19 Root Grinding 50 Square $1.35 $67.50 Foot BID TOTAL Items 1 thru $244,730.25 U9 The City of Melbourne reserves the right to award this bid to a primary Contractor and a secondary Contractor if in the best interest of the City. If so awarded, the total scope of work will be given to the primary Contractor. City of Melbourne shall use the services of the secondary Contractor only when the primary Contractor cannot provide service to area(s) within a reasonable period of time (as determined by City of Melbourne Public works and Utilities Director.) Will Bidder be willing to serve as Secondary CONTRACTOR if not selected as Primary CONTRACTOR? ® Yes ❑ No Optional pricing below is ancillary and will not be used as a basis of award. ITEM DESCRIPTION ESTIMATED UOM UNIT PRICE ANNUAL QUANTITY Installation of detectable warning mat (the truncated dome detectable warning mats will be provided by the Square 20 CITY and to be installed by 1 Foot CONTRACTOR) E1 EXTENDED PRICE Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations City of Melbourne & Palm Bay Concrete & Materials, Inc. Page 13 of 17 April 2024 EXHIBIT B SUPPLEMENTAL PROVISIONS 1. Bid. This Contract is awarded based on CONTRACTOR's Bid responding to CITY's ITB. CONTRACTOR represents and warrants that all information and representations contained in the Bid is truthful to the best of CONTRACTOR's knowledge and belief and CONTRACTOR hereby restates and affirms all representations contained in the Bid. 2. Performance Bonds. No performance bonds or payment bonds are required by this Contract. 3. Notice to Parties A. Notice to the City regarding terms and conditions of the Contract and changes in address/addressee shall be directed to the City Procurement Contact as Identified on the cover page of this Contract. Notice and communication with the City regarding the Services shall be directed to the City Department Contact as Identified on the cover page of this Contract. Inquiries regarding payment to CITY shall be directed to City of Melbourne, Accounts Receivable, 900 East Strawbridge Avenue, Melbourne, Florida 32901. B. Notice and communication and changes in address/addressee to the CONTRACTOR shall be directed to the CONTRACTOR Contact as Identified on the cover page of this Contract. C. Notice of default or notice of termination of this Contract shall be made in writing and delivered in person or dispatched by certified mail, postage prepaid, return receipt requested and shall be addressed as follows: If to the CITY Procurement Manager Procurement Division City of Melbourne 900 East Strawbridge Avenue Melbourne, Florida 32901 If to CONTRACTOR: Palm Bay Concrete & Materials Inc. 102 E. New Haven #114 Melbourne, FL 32901 A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and transmitted to the new address. 4. Insurance Reauirements A. Commercial General Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Commercial General Liability Insurance with a limit of not less than $1,000,000 per occurrence/aggregate and a deductible amount of not more than $10,000 per claim. The Commercial General Liability Insurance Policy shall be endorsed to list the CITY of Melbourne as an Additional Insured, be written on an occurrence basis, not claims made, and be issued by an insurance company licensed to do business in the State of Florida with an A.M. Best's rating of A or higher. Other specific policy endorsements may be required by the Contract, depending upon the type and scope of work to be performed. The CONTRACTOR shall require each Subcontractor to maintain Subcontractor's Commercial General Liability Insurance coverage with insurance company licensed in the State of Florida Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 14 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 in amounts satisfactory to the CONTRACTOR or insure the activities of the Subcontractors in CONTRACTOR's own policy. B. Business Automobile Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Business Automobile Liability Insurance with a limit not less than $1,000,000 each accident for all owned, non -owned and hired automobiles. In the event the CONTRACTOR does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the CONTRACTOR to maintain only Hired & Non -Owned Auto Liability Insurance. C. Workers Compensation & Employer's Liability Insurance. CONTRACTOR shall maintain in force for the duration of the contracted period Florida Workers Compensation Insurance at Statutory limits and Employers Liability Insurance with limits of at least $500,000 each accident, $500,000 each disease/employee and $500,000 per disease/policy limit. CONTRACTOR shall require their Subcontractor(s) similarly to provide Worker's Compensation Insurance for all of the letter's employees engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this Contract is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate Insurance for the protection of employees not otherwise protected. D. Proof of Insurance. CONTRACTOR shall submit proof of the required insurance to CITY in the form of Certificates of Insurance. Such certificates shall clearly show the insurance coverage required by the Contract. In the case of Commercial General Liability Insurance, a copy of the Additional Insured Endorsement page Issued by the underwriting Insurance company showing that the CITY of Melbourne has been listed as an Additional Insured on the policy shall accompany the Certificate of Insurance. E. All coverage for CONTRACTOR's subcontractors shall be subject to all of the requirements stated herein. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 15 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 EXHIBIT D1 INVITATION TO BID On file in Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 16 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 EXHIBIT D3 CONTRACTOR'S RESPONSIVE BID On file In Procurement Division Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 17 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024 e ` / SEBASTIAN (INIlMXI�I TII� N 1114 ai( CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: City Council Approval of Resolution R-24-24 approving a piggyback agreement for concrete curb, sidewalk, driveway, restoration and unclassified excavations with Palm Bay Concrete & Materials, Inc. Recommendation: Staff Recommends approval of R-24-24 approving a piggyback agreement for concrete curb, sidewalk, driveway, restoration and unclassified excavations with Palm Bay Concrete & Materials, Inc. and authorize the City Manager to execute the piggyback agreement. Background: At the April 10, 2024 City Council meeting, the City Council approved a Purchase Order in the amount of $127,968 to A. Thomas Construction for concrete services. However, this contract does not include concrete materials. To complete the 2022 and a significant portion of 2023 driveway replacements, Staff is in need of an additional contract with the option to have the vendor provide the concrete and additional labor needed to complete driveway demolitions. Palm Bay Concrete & Materials currently has an existing contract with the City of Melbourne effective through March 31, 2025 (with five (5) additional — one year renewal terms) that the City of Sebastian is seeking to piggyback. The piggyback will be used in conjunction with the City's existing contract with A. Thomas Construction. The attached quote is for pouring 65 CY of concrete to complete approximately 24 driveways. Staff will not exceed the approved amount between both vendors, with materials from Palm Bay Concrete & Materials, and labor from A. Thomas Construction. This piggyback will also provide the option to utilize labor as well from Palm Bay Concrete & Materials as needed. The use of piggyback contracts for purchasing under other existing government contracts guarantees that the pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carved out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other co-operatives and local vendors. The recommended vendor is the most advantageous to meet the needs of the City at this time. Staff is seeking approval of execution for the piggyback agreement with Palm Bay Concrete & Materials, Inc. for concrete curb, sidewalk, driveway, restoration and unclassified excavations and for authority for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $ 17,230 Total Cost: $13,174.20 Funds to Be Utilized for Appropriation: Stormwater Utility Fund Attachments: 1. R-24-24 Palm Bay Concrete & Materials, Inc. 2. Attachment A — City of Melbourne Agreement 3. Attachment B — City of Sebastian Piggyback 4. Palm Bay Concrete & Materials, Inc. Quote �/� Administrative Services Department Review: d7 \w— City Attorney Review: /1 �J Procurement Division Revie�(Jfa/pplicable: Nl City Manager Authorization: Date: