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HomeMy WebLinkAboutDriveway Replacements TransmittalSEBASTIAN <I YIIYYI�1 (111�� IIOY Ifll 1011 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: July 10, 2024 Agenda Item Title: Approve purchase orders for Palm Bay Concrete & Materials and A. Thomas Construction not to exceed the cumulative amount of $252,000 for FY2024 driveway culvert work in preparation for roadway rehabilitation and authorize the City Manager or designee to execute the Purchase Order. Recommendation: Approve purchase orders for Palm Bay Concrete & Materials and A. Thomas Construction not to exceed the cumulative amount $252,000 for 2024 driveway culvert work in preparation for roadway rehabilitation and authorize the City Manager or designee to execute the Purchase Order. Background: The city is requesting approval from City Council to proceed with the 2024 Driveway Culvert work. This work includes the removal and replacement of driveway culverts and associated concrete work. Due to elevation issues and failing infrastructure, Public Works has identified 126 driveways requiring replacement. This work has been identified in the preliminary planning of the upcoming road rehabilitation project. The City will use A. Thomas Construction and Palm Bay Concrete & Materials, the vendors under contract for concrete services, to complete the 126 driveways identified. The intent is to allocate $126,000.00 to A. Thomas Construction, and $126,000.00 to Palm Bay Concrete and Materials, to complete approximately 63 driveways each. Quotes will be received for each driveway and pricing will be per the contracted pricing. The City has already completed inspections of all driveways within the designated project zone. Staff is seeking approval to issue a purchase order to A. Thomas Construction and Palm Bay Concrete and Materials, and authorization for the City Manager or designee to execute all necessary documents or purchase orders. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $252,000 Total Cost: $252,000 Funds to Be Utilized for Appropriation: Discretionary Sales Tax and Local Option Gas Tax Funds Attachments: 1. R-24-24 Palm Bay Concrete Piggyback Contract 2. 2024 Updated Driveway Replacements 3. 2022 A. Thomas Contract 4. ITB-22-01 A. Thomas Contract Renewal Administrative Services Department R: \K v City Attorney Review: Procurement Division Review, if applicable: K City Manager Authorization: Date: 7/3 /Idly RESOLUTION 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, Inc. 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 ave Council Member Nunn —Aye — The Mayor thereupon declared this Resolution duly passed and adopted this Sth day of May 2024. ATTEST: ZIM6CL o-tCeLA471,4. Janette Williams, City Clerk V, CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA 9(Z� Ed Dodd, Mayor Approved as to form and Legality: %1 JejerCckc�, 1!sq., 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 120249 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. Page 1 of 5 DocuSign Envelope ID: 16784C4B-B6124D29-8657-87BFA3462EF9 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: Craig Wilson, President Patin Bay Concrete & Materials, Inc 102 E New Have Ave #114 Melbourne, FL 32901 4. PUBLIC RECORDS CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 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 JW I LLIAMSCa,CITYOFSEBASTIAN.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 tern 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-B6124D29-8657-87BFA3462EF9 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-B612-4D29-8657-87BFA3462EF9 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: C�pp]pylppr�ll ATTEST: eanette Williams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. J fifer D. Cocker —oft Esq. City Attorney PALM BAY CONCRETE & MATERIALS INC. By: PVj 1/+IL$dN. 4 Craig Non, President Date: 5/3/2024 1 2:09:11 PM EDT CITY OF SEBASTIAN, FL B� Brian Benton, City Manager Date: S/ `I /dOdy Page 4 of 5 DocuSign Envelope ID:16784C4B-B612-4D29-8657-878FA3462EF9 EXHIBIT A ON of Melbourne agreement with Palm Bav Concrete & Materials Inc Page 5 of 5 Melbournekwmi,� The Harbor City Procurement Division • 900 E. Strawbridge Avenue • Melbourne, Florida 32901 . (321) 608.7062 • Fax (3211 608-7070 PURCHASE AGREEMENT FOR SERVICES Concrete Curb. Sidewalk. Driveway. 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 MacDavitl, Senior Nicholas Coster, Utility Operations Craig Wilson - President Buyer Assistant Superintendent 102 E. New Haven Ave ft114, 900 E. Strawbridge Ave, City of Melbourne Melbourne, FL 32901 Melbourne, FL 32901 2895 Harper Road, palmbayconcrete@gntail.com deena.macdavilt0mlb8.orc Melbourne, FL 32904 P: 321-408-1808 P: 321-608-7063 / F:321-608-7070 nicholas.coslerQMLBFL.orq JP: 321-608-5100 / F:321.608-5105 _ This Contract consists of the following documents: (Mark "X" where applicable) ® Exhibit A: Standard Terms and Conditions of Purchase Agreement— Services (Std Version 08/23/23) ® Exhibit Al. Statement of Work ® Exhibit A2. Performance Standards ❑ Exhibit A3. Maintenance Agreement © Exhibit Art. 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 ITB 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 Dale. This Contract expires on March 31. 2025 (the "Expiration Dale") and is ❑ not renewable 0 is renewable for up to five (5) one-year additional terms CITY: CONTRACTOR: CITY OF MELBOURNE, PALM BAY CONCRETE & MATERIALS INC. a Florid/pal corporation a Flor' a Corporation Jenni L mb, City t a Dale Signature t �/ �.)'� Dale Name: i:Z/ ATTEST: Title: Kevin Mc eo n, CI Clerk Initial Method or Procurement (mark): ^ note: om oepanp no chew to test a tee pames it, wor no ❑ITB x J17_VAO.C�D —o—Let Y Expiration Date: ❑RFP IN Renewal: ❑No Wes: S terms ❑Not ApplieaWa Exception: _ Council Approval Dale: :5 Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Pago I of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc, April 2024 Std Version 8012023 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. B. 'Hazardous Materials" 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 defined In accordance with the CITY's Purchase Order sent to CONTRACTOR. E. "Service(s)" 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 sale discretion. 3. PRICING A. Prices set forth on Exhibit A4 shall 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 customer for 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 other similar services generally provided by CONTRACTOR. Such comparison shall be made to the extent Services have similar characteristics, 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 tax imposed by the federal, state 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 C17Y'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, description 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 focal governmental entity subject to the Local Government Prompt Payment Act. §218.70, at seq., Fla. Star. 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 nor for 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 & Paim Bay Concrete & Materials, Inc. Page 2 of 17 Apr112024 beyond the date of termination. 6. NON -EXCLUSIVITY The right to provide the Services, which will be granted under this 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 shalt: (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 further orders 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. I. 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 receipt 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 andfor 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 part of the uncompleted portion of the Purchase Order at no cost to CITY. 9. 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 under this 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 repaired or replaced. B. CONTRACTOR makes the following warranties regarding Items fumished 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; (i) CONTRACTOR has the necessary right, title. and Interest to provide said Items to CiTY, and the Items will be free of liens and encumbrances; (li) Items are new, and of the grade and quality specified; (iv) Items are free from defects In workmanship and material, conform to all samples, drawings, descriptions, and specifications fumished 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, (€) promptly correct any non -conforming or defective workmanship at no additional cost to the CITY; or (€1) CONTRACTOR shall promptly repair. replace, or refund the amount paid for such Items and Services; and (fit) 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 under this 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 Say Concrete & Materials, Inc. Page 3 of 17 Apr112024 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, test equipment, and other materials fumished or paid for by CITY shall: (1) remain or become the CITY's property; (it) be used by CONTRACTOR exclusively for CITY's orders; (Ill) 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 or utilized 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 shell 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 specific 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; (11) replace them with non -infringing Items; (ill) 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 by law. 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 fees), which may hereafter Incur, become responsible for, or pay out as o result of: doath or personal Injury (including bodily Injury) to any person, destruction 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 term or provision of this Contract: (i1) any negligent or willful acts. errors, or omissions by CONTRACTOR, Its employees, officers. agents. representatives, or subcontractors In the performance of this Contract; or (11i) 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. Stator 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 sate 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 providing Services to the CITY. S. 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 requestof 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 States 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. Slat. 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 affiliates are placed on the convicted vendor list. F. CONTRACTOR shall 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 Odebnecht Construction, Inc., v. Presad and Odebmcht Construction, Inc., v. Secretary, Florida Department o/ 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 YAII have all rights and remedies 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. Stat.. H. Foreign Gifts and Contracts. CONTRACTOR must comply with any applicable disclosure requirements in §286.101, Fla. Stat. I. Foreign Country of Concern. CONTRACTOR represents and warrants that It Is not an entity that gives or will give access to an Individual's personal Identifying Information In violation of §287.138. Fla. Stat. J. Environmental and Social Government and Corporate Activism. Pursuant to §287.05701. Fla. Stat., 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 State 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 Al and will work only in areas designated for such Services. CONTRACTOR shall take 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 a 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. Stat.. 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 than 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. Stat.. 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 or copied 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 low 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 CF1Y's custodian of public records, in a format that is compatible with the Information technology systems or the CiTY. (a) The CONTRACTOR who fails to produce the public records as required by §119.0701, Fla. Stat. 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 attomeys' fees and costs Incurred by the CITY In defending a public records action as well as those assessed against the CITY to such public records action. (ill) 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 connection with the transaction of official business by or on 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 besought from the CITY's City Attorney's Office or the City Clerk's Office; provided that the CONTRACTOR hereby agrees that neither the City Attorney's Office nor the 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; 9 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 CONTRACTORS 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 provisions 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 Apri12024 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 consent of the CITY. CITY may cancel this Contract for cause 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 some 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 ads and omissions of the CONTRACTOR'S subcontractors) 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 ail 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 Baliment),14 (Assignment of Intellectual Property).15 (Intellectual Property Indemnification).16 (General Indemnificatlon), 18 (Retention and Audit),19 (Merger, Modification, Waiver and Remedies), 20 (Disputes), 23 (Applicable Law), 24 (Headings), and 25 (Survival), and, as applicable, Exhibit Al (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: oftCitv.Clerk a,MLBFL.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 under which 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 ail 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 CONTRACTOR shall 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 backflll 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 identifiable 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 FDOT 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 drivewav 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. B. Clean -Up 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. Temporary 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. Eauipment Left on 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. StampinQ 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. ITEM DESCRIPTION ESTIMATED ANNUAL UOM UNIT PRICE EXTENDED # QUANTITY PRICE 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 $8.08 $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 Foot $49.91 $4,991.00 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 Foot $g 08 $4,848.00 10 Driveway, 6" — remove, form 1750 Square $11.46 $20,055.00 and pour Foot 11 Driveway, 6"— form and pour 2000 Square Foot $8.78 $17,560.00 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 Foot $12.13 $909.75 and pour 15 Sidewalk, 8" — form and pour 300 Square Foot $9.43 $2,829.00 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 & Palm Bay Concrete & Materials, Inc. April 2024 17 Unclassified excavation, 300 Square $4.05 $1,215.00 sidewalk Foot 18 Unclassified excavation, 400 Square $4.05 Foot $1,620.00 driveway 19 Root Grinding 50 Square $1.35 Foot $67.50 BID TOTAL (Items 1 thru $244,730.25 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 O No Optional pricing below is ancillary and will not be used as a basis of award. ITEM DESCRIPTION ESTIMATED UOM UNIT PRICE EXTENDED ANNUAL PRICE 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) Concrete Curb, Sidewalk. Driveway, Restoration and Unclassified Excavations Page 13 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. 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 Reaulrements 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 latter'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 Excavatlons Page 16 of 17 City of Melbourne & Palm Bay Concrete & Materials, Inc. Apn12024 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 Tentative List of Driveways to Replace for 2024 Paving Project - Updated 6/28/2024 Total Driveways: 126 Full Address City Zip Notes Code 510 ATLANTUS TER SEBASTIAN 32958 608 ATLANTUS TER SEBASTIAN 32958 613 ATLANTUS TER SEBASTIAN 32958 625 ATLANTUS TER SEBASTIAN 32958 626 ATLANTUS TER SEBASTIAN 32958 632 ATLANTUS TER SEBASTIAN 32958 638 ATLANTUS TER SEBASTIAN 32958 649 ATLANTUS TER SEBASTIAN 32958 655 ATLANTUS TER SEBASTIAN 32958 661 ATLANTUS TER SEBASTIAN 32958 673 ATLANTUS TER SEBASTIAN 32958 685 ATLANTUS TER SEBASTIAN 32958 524 BAYHARBOR TER SEBASTIAN 32958 Auxiliary Driveway 544 BAYHARBOR TER SEBASTIAN 32958 582 BAYHARBOR TER SEBASTIAN 32958 594 BAYHARBOR TER SEBASTIAN 32958 I579BENEDICTINETER SEBASTIAN 32958 602 BENEDICTINE TER SEBASTIAN 32958 I510BROOKEDGETER SEBASTIAN 32958 I541BROOKEDGETER SEBASTIAN 32958 582 BROOKEDGE TER SEBASTIAN 32958 510 BROWNING TER SEBASTIAN 32958 518 BROWNING TER SEBASTIAN 32958 526 BROWNING TER SEBASTIAN 32958 534 BROWNING TER SEBASTIAN 32958 549 BROWNING TER SEBASTIAN 32958 565 BROWNING TER SEBASTIAN 32958 574 BROWNING TER SEBASTIAN 32958 I581BROWNING TER SEBASTIAN 32958 590 BROWNING TER SEBASTIAN 32958 1131 COVERBROOK LN SEBASTIAN 32958 Auxiliary Driveway 1306 DAMASK LN SEBASTIAN 32958 1308 DAMASK LN SEBASTIAN 32958 1311 DAMASK LN SEBASTIAN 32958 1314 DAMASK LN SEBASTIAN 32958 1315 DAMASK LN SEBASTIAN 32958 1319 DAMASK LN SEBASTIAN 32958 1320 DAMASK LN SEBASTIAN 32958 1323 DAMASK LN SEBASTIAN 32958 1326 DAMASK LN SEBASTIAN 32958 1327 DAMASK LN SEBASTIAN 32958 1331 DAMASK LN SEBASTIAN 32958 1332 DAMASK LN SEBASTIAN 32958 1335 DAMASK LN SEBASTIAN 32958 1339 DAMASK LN SEBASTIAN 32958 1343 DAMASK LN SEBASTIAN 32958 1350 DAMASK LN SEBASTIAN 32958 1355 DAMASK LN SEBASTIAN 32958 1359 DAMASK LN SEBASTIAN 32958 1365 DAMASK LN SEBASTIAN 32958 1374 DAMASK LN SEBASTIAN 32958 1379 DAMASK LN SEBASTIAN 32958 1384 DAMASK LN SEBASTIAN 32958 1384 DAMASK LN SEBASTIAN 32958 1385 DAMASK LN SEBASTIAN 32958 1388 DAMASK LN SEBASTIAN 32958 1394 DAMASK LN SEBASTIAN 32958 1398 DAMASK LN SEBASTIAN 32958 1678 FATIMA CT SEBASTIAN 32958 1602 GALILEAN LN SEBASTIAN 32958 820 GENESEE AV SEBASTIAN 32958 1155 GEORGE ST SEBASTIAN 32958 1265 GEORGE ST SEBASTIAN 32958 1273 GEORGE ST SEBASTIAN 32958 1279 GEORGE ST SEBASTIAN 32958 1285 GEORGE ST SEBASTIAN 32958 813 GLADIOLA AV SEBASTIAN 32958 825 GLADIOLA AV SEBASTIAN 32958 831 GLADIOLA AV SEBASTIAN 32958 855 GLADIOLA AV SEBASTIAN 32958 861 GLADIOLA AV SEBASTIAN 32958 1380 HAVERFORD LN SEBASTIAN 32958 1381 HAVERFORD LN SEBASTIAN 32958 1385 HAVERFORD LN SEBASTIAN 32958 1386 HAVERFORD LN SEBASTIAN 32958 1391 HAVERFORD LN SEBASTIAN 32958 Auxiliary Driveway Auxiliary Driveway onto Stonecrop Auxiliary Driveway 1006 LACONIA ST SEBASTIAN 32958 1034 LACONIA ST SEBASTIAN 32958 1050 LACONIA ST SEBASTIAN 32958 1234 LACONIA ST SEBASTIAN 32958 1290 LACONIA ST SEBASTIAN 32958 1341 LACONIA ST SEBASTIAN 32958 1408 LACONIA ST SEBASTIAN 32958 1416 LACONIA ST SEBASTIAN 32958 1570 LACONIA ST SEBASTIAN 32958 1618 LACONIA ST SEBASTIAN 32958 1697 LACONIA ST SEBASTIAN 32958 1742 LACONIA ST SEBASTIAN 32958 1786 LACONIA ST SEBASTIAN 32958 986 MONTROSE AV SEBASTIAN 32958 1657 QUAKER LN SEBASTIAN 32958 532 ROLLING HILL DR SEBASTIAN 32958 538 ROLLING HILL DR SEBASTIAN 32958 544 ROLLING HILL DR SEBASTIAN 32958 562 ROLLING HILL DR SEBASTIAN 32958 568 ROLLING HILL DR SEBASTIAN 32958 574 ROLLING HILL DR SEBASTIAN 32958 1313 SCROLL ST SEBASTIAN 32958 1343 SCROLL ST SEBASTIAN 32958 1416 STONECROP ST SEBASTIAN 32958 1444 STONECROP ST SEBASTIAN 32958 1502 STONECROP ST SEBASTIAN 32958 1620 STONECROP ST SEBASTIAN 32958 1626 STONECROP ST SEBASTIAN 32958 1632 STONECROP ST SEBASTIAN 32958 1638 STONECROP ST SEBASTIAN 32958 1650 STONECROP ST SEBASTIAN 32958 1660 STONECROP ST SEBASTIAN 32958 1664 STONECROP ST SEBASTIAN 32958 1672 STONECROP ST SEBASTIAN 32958 1676 STONECROP ST SEBASTIAN 32958 1693 STONECROP ST SEBASTIAN 32958 1632 SUNPORT RD SEBASTIAN 32958 1642 SUNPORT RD SEBASTIAN 32958 674 TULIP DR SEBASTIAN 32958 714 TULIP DR SEBASTIAN 32958 726 TULIP DR SEBASTIAN 32958 Auxiliary Driveway Auxiliary Driveway 750 TULIP DR SEBASTIAN 32958 773 TULIP DR SEBASTIAN 32958 774 TULIP DR SEBASTIAN 32958 780 TULIP DR SEBASTIAN 32958 785 TULIP DR SEBASTIAN 32958 786 TULIP DR SEBASTIAN 32958 792 TULIP DR SEBASTIAN 32958 797 TULIP DR SEBASTIAN 32958 Sports Complex West Parking SEBASTIAN 32958 Lot Entrance off Tulip Drive Auxiliary Driveway Parking Lot Entrance to City Park DocuSign Envelope ID: 5498122F-D6C64152-9660.783CE910E85C CONCRETE SERVICES ON AN AS -NEEDED BASIS V ATIIIW THE CITY OF SEBASTIAN AGREEMENT This Agreement is entered into by the parties this 3 foi day of 2o22. I. PARTIES: I CITY OF SEBASTIAN, a municipal corporation of the State of Florida, (City). and A. THOMAS CONSTRUCTION, INCORPORATED (Contractor). 2. DESIGNATED CONTACT PERSON AS TO CITY: 13. DESIGNATED CONTACT PERSONAS TO CONTRACTOR: Phillip Patriotic (PROJECT MANAGER) stormwater 'Andrew Thomas, President/owner Superintendent i A. Thomas Construction, Incorporated 1225 Main Street P.O. Box 3285 Sebastian, Florida 32958 Fort Pierce, Florida 34948 Phone: 772-388-8243 Office/Cell: 772-216-5898 QU. 772-633-0916 Email: atconst06(n�yahoo.com Entail: ppataode@a cityefsebastierLorg 4. NOTICES. All notices between City and Contractor, as required under the Agreement, shall be in writing and in the form of facsimile, a -mail, mail, or by personal delivery to the respective designated contact person idenWied above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. S. TERMS OF AG"Eh AZT COENU jENT �F SERVICES. The duration of the Agreement shall be for a period of two Ti years AZT the to t e Parties have executed the Agreement, with the option to renew for two (2) additional, one-(1) year terms. The renewal option will be conditioned upon satisfactory performance by Contactor and will be subject to availability of funds. The renewal option can only be exercised through mutual agreement between City and Contractor. The date that Contractor shall commence the provision of Services shall be the date on which a Purchase Order and a Notice to Proceed is received by Contractor. 6. ENTIRE A( —RE MENT. This Agreement, and its associated Invitation to Bid (ITB) Documents referenced herein, together with any executed Addenda, if any, shall constitute the entire Agreement between Contractor and City (hereinafter referred to as the "Agreement"). In resolving conflicts, errors, discrepancies, and disputes concerning the scope of Services or other rights or obligations of the parties, precedence shall be given in the following order (1) provisions of this agreement, (2) provisions of the Invitation to Bid, (3) provisions of the Purchase Order, (4) provisions of the Contractor's Bid, (5) provisions contained in any governmental regulation incorporated herein by reference, and (6) a fully executed Amendment to this Agreement. There are no understandings or agreements except as herein expressly stated. I 7. Af r"t A T hie" [ $NTS. j n 'A - cc ca pewcations 2. Exhibit "B" - Bid Price Form submitted by Contractor Q�- - CITY OF 8FSASTIK-N. FLORIDA I A. *dMAB CONSTRUCTION, INC. Initials _ _ rrB 22-01 Concrete Services within the City of Sebastian lot 13 DocuSign Envelope ID: 5498122F-D6C6-4152-9860-783CE910E85C 8. MODIFICATION OF AGREE IEN'T. The Agreement may only be modified or amended upon mutual written agreement of City and Contractor. No oral agreements or representations shall be valid or binding upon City or Contractor. No alteration or modification of the Agreement terms, including substitution of product, shall be valid or binding against City. Contractor may not unilaterally modify the terms of the Agreement by affixing additional terms by incorporating such terms onto Contractor's documents forwarded by Contractor to City for payment. City's acceptance of services, product, or processing of documentation on forms furnished by Contractor to City for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 9. SERVICES PROVIDED BY CONTRACTOR. The Services to be provided by Contractor are in Exhibit "A" attached to this agreement and as stated in the bid documents sand addenda, if any. If City identifies any additional Services to be provided by Contractor that are not covered under the original Agreement, such additional services shall be made a part of this Agreement by a written Amendment. 10. CITY'S PROJECT MANAGER. All work done by the Contractor shall be subject to the review, inspection and acceptance of the Project Manager and the City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to lie performed, interpretation of Technical Specifications and all technical questions as to the acceptable fulfillment of the Contract on the part of the Contractor shall be referred to the 011- Manaeer who will resolve such questions. At all times, all work shall be subject to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply to the tools and equipment used by the Contractor for the performance of Work. 11. MATERIALS. SERVICES, AND FACILITIES. It is understood that, except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials; labor, tools, equipment, water, light, power, timmportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Senvices w►ithut the specified time. 12. COMPENSATION 3*0 CONTRACTOR. Compensation to be paid to Contractor for the provision of the Services agreed to herein shall be per the unit pricing noted lu Exhibit "B", attached to this Agreement. Contractor or the City may request an adjustment of the fees for any of the rcnewal term(s). The request to adjust the fees must be made in writing supported by a detailed justification that warrants the requested adjustment. The request to adjust flees shall be communicated, in writing, to the other party sixty (60) days prior to contract expiration. Such adjustment may be based on the annual comumer price index (CPI) or three percent (3%), whichever is less. All increases or decreases are subject to negodations. 13. PAYTAEN'T OF PAYMENT REOVESTS. Contractor shall avrce to schedule a- ve thmu h ttncUor walk ihrouvh ins. iot- feu each sectiorLp tktqQMrlete ncrete_worlc with the City of Sebastian's Proiect Manaeer. or their desi=ee to verify work has been completed and in complete compliance of the contractAent riot to iQvojcg,�eing submitted tthe City REMAINDER OF TRIS PAGE INTENTIONALLY LEIS I' BLANK CITY OF SEBASTIAN, FLORIDA/ A. THOIIAAS CONSTRUCTION, INC.yR -Initials. ITB 22-01 Concrete Services within the City of Sebastian 2 of 13 DocuSign Envelope ID: 5498122F-D6C6-4152-9860-783CE910EB5C 13.1 Payment Reetuests/Invoices. Requests for payment for the provision of the Services provided under the Agreement shall be submitted no more frequently than once per month. All requests for paymentlinvoices shall be submitted in sufficient detail to demonstrate compliance with the terms of the Agreement and to allow for the proper pre -audit, and post -audit thereof. Upon receipt of Contractor's payment request/invoice, the City will review such to ensure completion with required basic information and that the Services covered under the payment request have been completed in accordance with this Agreement. if it is found that the payment requestlinvoice is not complete. or the Services covered under the payment request do not satisfy this Agreement, the payment request may he rejected. 13.2 Prompt Pament. City shall make payment of a payment request in :accordance uitla Chapter 218, Part VU of the Florida Statutes "Local Government Prmn1Yt Pajment.4ct" from the date which a properly received payment request/invoice is recorded as received by City, for Services completed to the satisfaction of City. 13.3 Form of Request. If the payment request is not received in proper order, City may reject the payment request within ten (10) business da%s oiler the date on which the payment request is recorded as received by City. City shall provide Contractor with a written notification of die rejection specifying the deficiency and corrective measures necessary to make the payment request proper. Upon receipt of a payment request that corrects the deficiency, City shall make payment in accordance with Chapter 218, Part VII of the Florida Statutes "Local Government Prompt Payment Act", or reject the payment request, within ten 110) business dais after the date on which the corrected and proper payment request is recorded as received by City. 13.4 Resolution of Pati meat Reauest Disputes. In the event of a dispute between Contractor and City concerning the full or partial payment of a payment request, such disagreement shall be determined by City. If the dispute between Contractor and City involves a portion of a payment request, the undisputed portion shall be paid by City ip a timelti manner, as long as the payment request for the undisputed portion is in proper order. Proceedings to resolve the dispute will be commenced within forty-five (45) business days after the date the payment request in dispute was recorded as being received by City. The proceedings may include meetings between the parties, telephone conferences or such other measures to clarify the dispute and attempt to resolve the problem; they will be concluded by a final written decision by City within sixv, (60I business days after the date on which the payment request was recorded as being received by City. Such procedures do not constitute an administrative proceeding that prohibits a court from deciding de novo any action arising out of the dispute:. 13.5 Pa%ments to Subcontractors. When Contractor receives froua City any payment for Services covered under the Agrccmcr,t, Contrnctor must r)u,- such nivneys rceeivcd to each subcontractor or supplier, and employees in proportion to the percentage of the Services completed by each subcontractor, supplier, or employees within ten (10) business do%•$ after Contractor's receipt of the payment. If Contractor receives less than full payment, then Contractor shall be required to disburse oniv the funds received on a11iLQ ri_ b is to its subcontractors, suppliers, and employees, each receiving a prorated portion based on the amount due on the payment. If a subcontractor receives payment from Contractor for labor, services or materials furnished by subcontractors or suppliers hired by the subcontractor, the subcontractor must remit payment due to those subcontractors or suppliers within seven (7) business dn%-s after the subcontractor's receipt of payment from Contractor. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK, CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION. INC. Inttials A f ITB 22-01 Concrete Services within the City of Sebastian 3 of 13 DocuSign Envelope ID. 5498122F-D6C64152-9860-783CE910E85C 14. WARRANTIES. 14.1 Warranty of Abilit-t to Perform. Contractor warrants that, to the best of its knowledge, there are no pending or threatened actions, proceedings, investigations, or any other legal or financial conditions, that would in any way prohibit, restrain, or diminish Contractor's ab0ity to satisfy its obligations under the Agreement. 14.2 Warranties atminst Defects in Workmunshiu. Contractor shall warrant its Services agaiaYt defeas in materials and workmanship for a minimum period of one41) year from acceptance of the Services by City. Should any defects in materials, products, services or workmanship appear during the warranty period, Contractor shall replace die materials or Equipment, or repair or re -do the materials, products, or scnriccs, immediately upon receipt of written notice from City, at no additional expense to City. Contractor shall Nvarrant such replaced materials, products, or equipment, or repaired or re -done Services, for the term and extensions of this agreement, after acceptance of such by City's Project Manager. 14.3 Warranty of Standard Care. In the performance of professional services, Contractor will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. Contractor will use due cars in performing its Sert'iec8 and will have due regard for acceptable professional standards and principles. Contractor's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. If any of the Services performed by Contractor do not comply with the: foregoing warranties and City notifies Contractor of such, then Contractor shall (at its sole expense) promptly re -execute the nonconforming Services. All such re -performed Services shall be perfonued on a mutually agreed schedule. Contractor shall and does herzby assign to City the benefits of any of Contractor's sub consultant's or subcontractor's Awmties. Such assignment shall not relieve Contractor of its warranty obligation.,: for performance or standard of care to City under this Agreement. 14.4 Warranty of Title. Title to any work product furnished by Contractor under the Agreement shall pass to City to the extent of the payments made for such by City, or on the date that City accepts the completed Services of Contractor. When title passes to City in accordancc with the Agreement, Contractor war mw, that the work product furnished will be 4fall secuLii.� ilmtere�t ids ap.0 r br4Q��s air claims Qf rt R N. 15. PUBLIC RECORDS. Contractor will keep and maintain public records required by the City to perfonn the service. Upon request front the City's custodian of public records, Contractor will provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Contractor will ensure the 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 term of the Agreement and following completion of the Agreement if Contractor does not transfer the records to the City. Upon completion of the Agreement, Contractor will transfer, at no cost to the City, all public records in possession of the Contractor or keep and maintain public records required by City to perform the service. if Contractor transfers all public records to City upon completion of the Agreement, Contractor shall destroy any duplicate public records that are exempt or confidentia) and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the Agreement, Contractor shall meet all applicable requirements for retaining public records. All raeatds stoned electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the: infonnation technology system of the City. If Contractor dots not comply with the City's request for public records, the City shall enforce the provisions of the Agreement in accordance with the terns of the Agreement and may cancel the Agreement. This provision shall survive termination of this agreement. CITY OF~SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. Initials_ ITB 22-01 Concrete Services within the City of Sebastian 4 of 13 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C II+ CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER l 1% FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CON -TACT JEANETTE WILLIAMS, CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL.: ji. iltiam% it PHONE.: 772-388- 8215. --- - 16. INSURANCE. During the term of the Agreement, Contractor, at its sole expense, shall provide insurance of such a type and with such terms and limits as noted below. Providing and maintaining adequate insurance coverage is a material obligation of Contractor. Contractor shall provide City a certificate(s) of insurance, evidencing such coverage. it is the Contractor's responsibility to ensure that the City bas current Certificate(s) of Insurance at all times during the duration of the aowment, including renewal terms. 16.1 Minimum Insurance Requirements. Contractor shall obtain and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the contract or, his tbn-nLs. representatives, employees or subcontractors. The coverage's, limits or endorsements reguinxi herein protect the primary interests of City, and these coverage'., limits or endcmements shall in no way be required to be relied upon wizen assessing the extent or detamimng wn....N.1te types and limits of cmwage to protect Contractor against any loss exposures, whether as a result of the Project or otherwise. The requirements herein, as well as City's rniew or ackaowledgement, is not untended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Contractor under a contract. j Comprehensive General an amount not less than: Liability $2.000,000.00 Combined Single Limit per each occurrence Contractor shall submit and maintain worker's compensation J , imurance to the extent required by law for all their employees to be Worker's Compensation i aged in work under this contract. In case any employees are to be ! engaged in hazardous work under this contract and are not protectcxl under the worker's compensation statute, Contractor shall provide adequate coverage for the protection of such employees. f Automobile Liability an amount not less than: S 1,000,000.00 Combined Single Limit per each occurrence 16.2 Other Insurance Provisions. 16.2.1 City of Sebastian, its council members, officers, employees and agents are to be covered as an Additional Named Insured on all policies except Worker's Compensation. The coverage shall contain no special limitation on the scope of protection afforded to the City, its council members, officers, employees and agents. Contractor shall provide a Certificate of Insurance to City with a thirty - 01 daL notice of cancellation and/or changes in policy language, and tgn t 10) day no�icgjf cpnCsliation is f9r nonsa-mlent of premium. The certificate shall indicate if coverage is provided under a "claims made" or "occurrence" form. 16.2.2 All required insurance policies must be written with an insurance carrier having a minimum A.M. Best rating of A - •CITY OF SEBASTIAN, FLORIDA / A. TTHOMAS CONSTRUCTION, INC. Initials _A ITB 22-01 Concrete Services within the City of Sebastian 5 of 13 DocuSign Envelope 1D: 5498122F-D6C6-4152-9860-783CE910EB5C 16.23 Contractor has sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co- insurance penalty, or self -insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, self -insured retention, or coverage exclusion or limitation. 16.2.4 Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or Self insurance maintained by the City, its officials, employees or volunteers shall be excess of Contractor's insurance and shall be non-contributory. 16.2.5 For all policies of insurance, Contractor and its insurance carrier waive all subrogation rights against City for all losses or damages that occur during the contract and for any events occurring during the contract period, whether the suit is brought during the contract period or not. The City requires General Liability policies to be endorsed with CG 24 04 Waiver of Transfer of Rights of Recovery against Others to Us or similar endorsement, and a WC 00 0313 Waiver of Our Right to Recover from Others for Workers Compensation coverage. 16.2.6 It is the: Contractor's responsibility to insure that all subcontractors comply with these insurance requirements. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. 17. INDENINIFICATION. The CONTRACTOR or its SUB -CONTRACTORS shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, uicluding, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR or its SUB- CONTRACTORS and other persons employed or utilized by the CONTRACTOR or its SUB- CONTRACTORS in the performance of the contract; regardless of the negligence of the utdemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agent.% or employees. Upon request of the CITY, the CONTRACTOR or its SUB -CONTRACTORS shall, at no cost or expense to the CITY, indenuffy and hold the CITY harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR OR ITS SUBCONTRACTORS shall pay any cost and reasonable attorneys' fees drat may be incurred by the CITY in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY Nvaiving its sovereign immunity pursuant to 768.28, et seq., Florida Statute, or any other sovereign or govenunental immunity. This provision shall survive termination of this agreement. 18. CHANGE ORDERS. City may at any time, as the need arises, order changes within the scope of the services without invalidating the Agreement. If such changes result in an increase or decrease in rite Contract Price, or in the time required for performance of the Services, an equitable adjustment shall be authorized byway of a Change Order. 19. TERMINATION OF ACA"MM. Either party may terminate this Agreement by giving the other party thirty (30) do%% written notice. In the event of termination, City will be responsible for compensating Contractor only for those Services satisfactorily completed or_l�krt lly,caQ��leted up to the date of termination. Contractor shall not be entitled to compensation for toss of anticipated profit. 20. LICENSES AND CERTIFICATIONS. Contractor, or its sub-contractor(s), shall possess and maintain during the term of this Agreement any and all licenses and certifications required to perform the Services covered under this Agreement, as stipulated by the State of Florida and the City of Sebastian. r CITY OF SEBASTIAN, FI.ORIDA / A. TH0MAS CONSTRUCTION, INC. Initials IT13 22-01 Concrete Services within the City of Sebastian 6 of 13 DocuSign Envelope ID: 5498122F-D6C6.4152-9860-783CE910E65C 21. ADDITIONAL TERMS AND CONDITIONS (alphabetically listed): 21.1 Assignment. Neither City nor Contractor shall sell, assign or transfer any of its rights, duties or obligations under the Agreement without the prior written consent of the other Party. In the event of any assignment, Contractor remains secondarily liable for performance of the Agreement, unless City expressly waives such secondary liability. 21.2 Bankruntcv or Insolvencv. Contractor shall promptly notify City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or of any insolvency of Contractor or any of its subcontractors who are involved in the provision of the Services under this Agreement. 213 Compliance with Laws. Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of Local, State and Federal agencies having jurisdiction and authority. These laws, shall include, but not be limited to, Chapter 287 of the Florida Statutes, the Uniform Commemial Code, the Immigration and Arationalizatton Act, the Americans %vith Disabilities Act, the United States Occupational Sgfety and Health Act, the United States Environmental Protection Agency, the State of Florida Department of Environmental Protection, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, Handicap, marital status, sexual orientation, gender identity or expression or veteran's status. Violation of such laws shall be grounds for terrninadon of the Agreement. 21A Conflict of Interest. Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner of degree with the performance of the Services covered under this Agreement, Furthermore, Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Contractor to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor, and its subcontractors at any tier, certify that they have not entered into any contract, sub -contract, or arrangement in connection with the Project covered under this Agreement, or of any property included or planned to be included in the Project, in which any member, officer, or employee of Contractor or its subcontractors, during its tenure, or for two l2a %ears thereafter, has any interest, direct or indirect. 21S Correction of Services. Contractor shall promptly remove from the premises all Services rejected by City for failure to comply with the Contract Documents, Miether incorporated into the Project or not. Contractor shall promptly, in accordance with Contract Documents, replace and re-ececutc all Services without additional expense to City. Contractor shall bear the expense of making good all Services of other contractor's work destroyed or damaged by such removal or replacement. All removal and replacement of Services shall be done at Contractor's expense. If contractor does not take action to remove such rejected Services within two (2) calendar days after receipt of written notice from City's Project Manager, City may remove such Services on their own and store the materials at the expense of Contractor. 21.6 Clty Funds. If sufficient funding is not available for Contractor to complete the Services, City reserves the right to modify the terms and conditions of the Agreement to change the Scope of Services to reduce the cost to match any available funding. If such modifications to the Scope of Services are not feasible, or if funding has been totally exhausted prior to Contractor's completion of its Services, the Agreement shall be terminated on terms reasonably acceptable to both parties. Additionally, in accordance with Section 216.347, Florida Statutes, and as provided herein, Contractor may not expend any City funds for the purpose of lobbying the legislature, or local, state or federal agencies. REMAINDER OF THIS PAGE IINTENTIONALLX LEFT BLANK CITY OF SEBASTIAN, FLORIDA/ A. THOMAS CONSTRUCTION, INC. Initials_ •, _ _� . ___ -- ...._ _. ITB 22-01 Concrete Services within the City of Sebastian 7 of 13 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB6C 21.7 Debarment. Contractor certifies to the best of their knowledge and belief, that they and their principals (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Municipal, City, State or Federal department or agency; (2) have not, within a three-year period preceding execution of this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or conunission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property, (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above; (4) have not within a three-year period preceding execution of this Agreement had one or more public transactions (Federal, State or local) terminated for cause ordefault; and (5) will advise City immediately if their status changes and will provide an explanation for the change in status. 21.8 Discriminator% Vendor. Contractor certifies that they are not subject to Section 287.134 (2)(a), Florida Statute, which specifies that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity, and may not transact business with public entity. 21.9 Dispute Resolution. For any dispute concerning performance of the Agreement, which includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, City shall attempt to reach a mutual agreement as to the settlement and resolution of the dispute with Contractor. Should a mutual agreement not be reached, CTIt'Y SHALL RENDER A DECISION, REDUCE IT TO WRITING AND SERVE A COPY ON CONTRACTOR. THE DECISION SHALL BE FINAL AND CONCLUSIVE. 21.10 Disnosal of Wastes. Contractor shall handle any waste materials generated in the performance of the Services in full compliance with all laws, regulations, and requirements of all govenanaental authorities and those of City. Contractor shall use only disposal facilities which have proper permits and are in full compliance with all Laws. Contractor agrees that City has the right to reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.12 Clean Up in the ITB Documents. Contractor shall restore in an acceptable manner, or replace all property, both public and private, which has been displaced or damaged by the Contractor during the execution of all work. Contractor shall leave the Worksites unobstructed and in a neat and presentable condition. The term "pmperty" shall include, but is not limited to, roads, sidewalks, curbs, walls, fences, landscaping, awnings, utilities, footings and drainage structures. 21.11 .Documentation. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived there from, will be considered works made for hire and will become the property of City upon expiration or termination of the Agreement without restriction or limitation on their use. Upon delivery to City of said document(s), City will become the custodian thereof in accordance with Chapter 119, Florida Statutes. Contractor will not copyright any material and products or patent any invention developed under this Agreement. Copies of these documents shall not be sold or distributed to third parries without the written consent of City. 21.12 Drutt Free Workplace. Contractor certifies that it has in place a Drug -Free Workplace Program in accordance with the Dntg-Free Workplace Act of 1988 (41 U.S.G. 702-706). Refer to Form J submitted with Bid. CITY OF SEBASTIAN, FLORIDA / A.�THOMIAS CONSTRUCTION, INC. Initials_ ITB 22-01 Concrete Services within the City of Sebastian 8 of 13 DocuSign Envelope ID: 5498122F•D6C6.4152-9860-783CE910EB5C 21.13 Emolovees. Subcontractors and Auents. All Contractor employees, subcontractors, and agents performing any of the Sanices under the Agreement shall be properly trained to meet or exceed any specified training qualifications. Upon request, Contractor shall famish a copy of certification or other proof of qualification. All employees, subcontractors, and agents of Contractor must comply with all security and adminishative requirements of City. City may conduct, and Contractor shall cooperate in, a security background check or otherwise assess any employee, sub -contractor, and agent of Contractor. City may refim access to, or require replacement o& any of Contractor's employee(s), subcontractor(s) and agent for cause, including, but not limited to, technical or training qualifications, quality of services, change in security status, or non-compliance with City's security or other requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in compliance with the Agreement. City may reject and bar from any facility for cause any of Contractor's employees, subcontractors, or agents. City shall have the right to review and approve any sub -contractor used by Contractor. Contractor shall be fully responsible to City for the acts and omissions of its subcontractors, and persons directly or indirectly employed by them. It is Contractor's reslwnsibility to ensure that their subcontractors are properly licensed to do business in the State of Florida and City of Sebastian, as required by law. ALL VO�t1 ERS )v1IJS'I'.. V SUFFICIENT K�JOY►+LEDQE SK.LE _EXPERILNC -IQ SRO ' 1tL.Y PERFORM ; E ORK AS$LQA9D TO THEM. A.11 WORKERS MUST HAVE PRQRER LFDQT SAFETY VESTS OR SAFETY SHIRTS DURING ANY CONCRETE STAGING OF MQT OR CLEAN _UP QPERATION_ 21.14 Equal Emplovment Opportunity. Contractor shall not discriminate on the basis of race, color, sex, age, national origin, religion, and disability or handicap in accordance with the Provisions of. 71fle V1 of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title I'll of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), Florida Civil Rights Act of 1992 (f 760.10 et seq.), ?title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Uiscrinrinution Act of 1975 (42 U.S C. § 6101, et seq.), Title 49 CFR 21 and 711le 49 CFR 23, Nondiscrimination on the basis of handicap, Title 49 CFR 27. Americans with Disabilities Act of 1990 (42 U.S.C. 12102. et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq;), and any other Federal and State discrimination statutes. Contractor shall furnish pertinent information regarding its employment policies and practices as well as those of their proposed subcontractors as the State of Florida Department of Transportation, the Secretary of Labor, or City may require. The above shall be required of any sub -contractor hired by Contractor. All Equal Employment Opportunity requirements shall be included in all non-exempt sub -contracts entered into by Contractor. Sub- contracts entered into by Contractor shall also include all other applicable labor provisions. No sub- contract shall be awarded to any non -complying sub -contractor. Additionally, Contractor shall insert in its sub -contracts a clause requiring subcontractors to include these provisions in any lower tier sub -contracts that may in turn be nmde. Contractor shall comply with all state laws and local ordinances. 21.15E Verification S%stem. Contractor shall comply with Executive order No. 12989 as amended mid Executive Order No. 11-116, and agrees to utilize the U.S. Department of Homeland Security's E-Verify system, 1 c�t� .s�1:��� _► E�� �; to verify the etnploymc:nt eligibility of: (1) all persons employed by Contractor daring the contract term to perform any duties within Florida; and (2) all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract. Contractors meeting the terms and conditions of the E- Verify System arse deemed to be in compliance with this provision. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK CITY OF SEBASTiA FLORIOA / A. TIi011! s CONSTRUCTION. INC. Initials ITB 22-01 Concrete Services within the City of Sebastian 9 of 13 DocuSign Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C 21.16 Force htaleure Event. Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Mqjeure Event"). If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confirmed in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to, acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), pandemic, war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods 21.17 Governlnu l.aw and Venue. The Agreement shall be governed in accordance with the laws of the State of Florida. In the event of litigation with respect to the obligation of the parties to the Agreement, the jurisdiction and venue of such action shall be an appropriate State Court in Indian River County, Florida 21.18 Governmental Restrictions. if Contractor believes that any governmental restrictions have been imposed that require alteration of the materials used, the quality, workmanship or performance of the Services offered under the Agreement, Contractor shall immediately notify City in writing, indicating the specific restriction. CITY RESERVES THE RIGHT AND THE COMPLETE DISCRETION TO ACCEPT ANY SUCH ALTERATION OR TO CANCEL THE AGREEMENT AT NO FURTHER EXPENSE TO CITY. 21.19 ;nrmleratlon and Nationaltt% Act. Contractor shall comply with all immigration laws as outlined in 8 USC § 1324a - Unlawful Employment of Aliens. City will not intentionally award City contracts to any Contractor who knowingly employs unauthorized alien workers. Any violation of the employment provisions outlined in the Immigration and Nationality Act throughout the tern of any Agreement with City may result in immediate termination of the Agreement. City will consider the employment of unauthorized aliens a violation of Section 274A (e) of the Immigration and Nationality Act. Such violation will be cause for unilateral cancellation of the Agreement, by City, if Contractor knowingly employs unauthorized aliens. 21.20 lnstfection. Perforrnagce. Supervision. City reserves the right to inspect the Services provided by Contractor, whether partially or fully completed, at any time, as deemed appropriate by City for the purpose of ensuring Contractor's performance under the Agreement. Such inspections performed by City, shall not be construed as a final approval of Contractor's Service, and shall not relieve Contractor from its obligations under the Agreement. City reserves the right to inspect, at any reasonable time with prior notice, Contractor's facilities to assess conformity of the provision of the Services with the Agreement requirements. City reserves the right to investigate or inspect, at any time, whether the provision of the Services complies with the Agreement requirements. Contractor shall at all times during the Agreement term remain responsive and responsible. Contractor must be prepared, if requested by City, to present evidence of experience, ability, and financial standing, as well as a statement as to capacity of Contractor for the performance: of the provision of the Services covered under the Agreement. This paragraph shall not mean or imply that it is obligatory upon City to make an investigation either before or after award of the Agreement, but s}tould City elect to do so, Contractor is not relieved from fulfiltuig all Agreement requirements. Cgnttactgr_ shall_su.Lw 'se_ onq�i}r�ct�t�e MIA of its Services and shams�Q,IgjolcceLchiau. e.uetMt _n_g of construction and operations. CQtttractar will ern �o -_Mj MdgU n at the Proie.��t4-A. jLq flied su;x_rviac?r or sulvpntendent_who_ shall have be=-dg,%kiia�tl__ in writirt�_�� Contractor as t tie Contr:ictaF's _re► — sent tg�ive at _ Pgdpgt_ Site. The supervisor or superinteuxicnt shall have full authority to act on behalf of Contractor and all communications given to the supervisor or superintendent shall be as binding as if given directly to Contractor. _gAu pr_pr SuLxrintendent shall be l rc tt_ on the Pt�Qjcxt_ Sitc at all time Fri Mjt irut _ to j�rform-� cggaLe AW-Trvisiaq-And coorc��t�ttic?q of tlxc Cantractori� S�rvicc�t._ CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION. INC. initials ITB 22-01 Concrete Services within the City of Sebastian 10 of 13 DocuSign Envelope ID: 5498122F-D6C6-4152-9860.783CE910EB5C 21.21 Lawful Claims and Demands. Should any outstanding claims by subcontractors or suppliers incurred in the performance of the Services materialize after City has made Payment to Contractor, Contractor will indemnify and save City harmless from such claims. Acceptance by Contractor of payment shall be and shall operate as a release to City of all claims and all liabilities to Contractor, other than claims in stated amounts as may be specifically excepted by Contractor for things done or furnished in connection with the provision of the Services, and for every act and neglect of City and others relating to or arising out of the provision of the Services covered under this Agreement. Any payment, whether final or otherwise, shall not release Contractor or his sureties from any obligations under the Agreement. 21.22 Liquidated Damages. The Cit%:_,4pdj bqentitled to ' uidated damages in the aunt of T Q Hundred Fifty Dollars t$250.00ta oer day for every day that the Contractor is late in comnleting the work requirements fo__gach Work Qrdcr submitted for each section. Said cifimaage _shall_be deducted by the Ciiv from mQru dupttg C:pntractof_ 21.23 Lobhving. Contractor shall not, in connection with the Agreement, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. For purposes of clause Tvm (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, Ioans, subscriptions, advances, deposits of money, Services, employment, or contracts of any kind. 21.24 N o n -Collusion. Contractor agrees that neither it, nor any of its officem partners, agents or employees have entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of a free competitive solicitation in connection with this Agreement, and brat Contractor intends to do the work with its own bona fide employee. or subcontractors and has not provided a response for the benefit of another contractor. Furthermore, Contractor certifies that its affiliates, subsidiaries, directors, officers, and employees are not currently under investigation by any governmental authority and have not in the last ten (10) years been convicted or found liable for any act prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to submitting a response on any public agreement. 21.25 Non -Performance Clause. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed in a timely manner in accordance with the schedules approved by the City. Non-performance/deficiencies as identified by the City to the Contractor shall be addressed in the following manner: 1. by verbal communication. Perfotmanceldeficiency must be resolved by the end of the THIRD day after verbal communication. if not; 2. Written Notice will be served to the Contmetor. Performance/deficiency must be corrected by the end of the SECOND day after the Contractor has received the written notice, to the satisfaction of the City, if not; 3. The City may have the work performed by either its internal personnel or a third party and charge the cost against payments due the Contractor. This does not relieve the Contractor of Liquidated Damages. REPEATED PERFORMANCE/DEFICIENCIES MAY RESULT IN THE TERMINATION OF THIS AGREEMENT. 21.26 Protect Site Conditions. Contractor shall he deemed to have examined Project Site($), if applicable, and to have secured full knowledge of all conditions under which the Services are to he executed and completed. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BIAJ iK CITY OF SEBASTIAN, FLORIDA I A. THOMAS CONSTRUCTION, INC. Initials_ ._ ITB 22-01 Concrete Services within the City of Sebastian 11 of 13 DocuSlgn Envelope ID: 5498122F-D6C64152-9860-783CE910EB5C 21.27 Protection of Persons. Contractor shall be responsible for the safety of its employees and the employees of its subcontractors, during the provision of the Services. Contractor shall be responsible for initiating, maintaining and supervising all safety programs in connection with die provision of the Services in accordance with applicable safety standards and regulations, as promulgated by the United States Occupational Safety and Health Act. Contractor shall report promptly to City any accident or unusual occurrence during performance of the Services, including personal injury or death to any Contractor employee, sub -contractor employee or any member of the public, or any damage to any of City's property, the Project Site, or adjacent property. 21.28 Public Enttitv Crime. persons or affiliates who have been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not subunit a bid, proposal or real% on a contrsci with a public entity for the construction or repair of a public building or public work; rntt tot subunit bids. Proposals, or re- lies on leases of real property to a public entity; t1i �JlAS _bg__ w� e�g�.pgcfpq work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and m� ngr=wt business with m.illk e_ ntity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY Two for a period of 36 months following the date of being placed on the convicted vendor list. 21.29 Independent Contractor Relationship. Contractor Is an independent contractor to City in the provision of the Services Under this Agreement and is not an employee, agent, joint - venture, or partner of City. 2130 Risk of Loss. Until the Services have been accepted by City, risk of loss or damage to any materials, equipment, supplies or work product, whether partially, or fully completed, that are associated with the Services shall remain with Contractor. 2131 Schedule Reports and Records. The City reserves the right to inspect and audit Contractor's books and records relating to the Agreement, when deemed appropriate by City. All schedules, reports and records of Contractor, as they relate to the Agreement, shall be retained in accordance with Paragraph 15 above of this Agreement. 21.32 Securits and Coufidentialitv. Contractor shall comply fully with all security procedures of City in the perfon nancc of the Agreement. Contractor shall not divulge to third patties any information obtained by Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of the provision of the Services without the written consent of City. However, Contractor shall be permitted to release information to third parties if such information is publicly available through no fault of Contractor, information that Contractor developed independently without relying on City's information, or information that is otherwise obtainable under State and Federal law us a public record. To insure confidentiality. Contractor shall take appropriate measures as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the agreement. 21.33 Severabilltv. If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in hull force and effect. 21.34 Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement shall survive completion or termination of the Agreement for any reason. 21.35 ''axes. Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the laws and regulations of the State of Florida which am applicable to the provision of the Services under the Agreement. City shall not pay for any personal property taxis levied on Contractor or for any taxes levied on Contractors employees' wages. City is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption Certificate. All purchasers made; by City directly from a dealer, distributor or manufacturer for materials, equipment or supplies ("direct purchase"), instead of through the Contractor, arc exempt from sales, consumer, use and other similar taxes. 1 CITY OF 8EBASTIAN, FLORIDAS/ A. THOMAS CONSTRUCTION, INC. initials-9 1TB 22-01 Concrete Services within the City of Sebastian 12 of 13 DocuSign Envelope ID: 5498122F-D5C6.4152-9860-783CE910EB5C 21.36 Waiver. The delay or failure by City to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of City's right therealler to enforce those rights, nor shall any single or partial exercise of any such right preclude the (Sty of any other or further exercise thereof or the exercise of any other right. 22. AUTHORITY. Each person signing the Agreement warrants that he or site is duly Authorized todoso and to bind the respective party to the Agreement IN WITNESS WIJERF,OF, the parties hereto have caused these presents to be executed, the day and year noted above. ATTEST (SEAT.): W�i.I�YIQ e netts Williams, MMC TY CLERK Approved as to form and legality for Reliance by the City of Sebas*n only: THE CITY OF SEBASTIAN, FLORIDA: BY /aul �E. Carlisle, CITY MANAGER Eao... si-gae�d',aki THOMA.S CONSTRUCTION, INC. 14 MW f abxtaS o ff?1emcrnas Andrew Thomas, PRESIDENT/OWNER CITV OF SEBASTIAN. FLORIDA/A.THOMAS CONSTRUCTION, INC. ITS 22-01 Concrete Services within the City of Sebastian Initials nn us n0 13 of 13 DocuSign Envelope ID: 5498122F-D6C6-4152-9860.783CE910E85C r..•. 1 Technical SpecMcations Annual Concrete Mork Contract SECTION S 1. Scope of Work The scope of this specification Is to form, pour and finish concrete driveways, sidewalks, or other miscellaneous concrete projects on an as needed basis. The scope of each Individual project may vary depending upon the work to be completed. Each project wiq have a work order prepared by the City which will outline the work activity to be accomplished. In performance of this contract the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. 2. Related Documents Sebastian Code Chapter 90 Article III. Driveway Construction and Repair and the FDOT Standard Specifications 2019 — 2020, or the latest edition. 3. Special Terms and Conditions a. Contractor shall protect his work from the elements, traffic and pedestrians. b. Contractor shall warranty all labor and materials for a period of one (1) year. C. Each project will be planned in a manner minimizing disturbance and inconvenience to property owners and the City. d. Inspections. The City may Inspect at any time during the project construction. The Contractor shall notify the City 48 hours prior to the concrete pour and at completion of the project. e. Final Payment. Final payment shall be made in accordance with the signed agreement once all punch list Items have been cleared. 4. Detailed Specifications a. Description: The Contractor shall form, pour and finish the concrete driveway and or sidewalk or other miscellaneous concrete projects (minimum 4' thick or as requested by the Department) In accordance with the provisions of this specification and according to details shown on plans when supplied with the work order. b. Materials: The concrete placed shall conform to the Florida Department of Transportatlon Standard Specifications for Road and Bridge Construction, 2019 - 2020, or the latest edition. Sections 345: for Class I concrete 31180 psi (minimum 28 day breaking strength In accordance with ASHTO T4)q with polypropylene fiber mesh (1- I/2bs/CY) thoroughly and uniformly mixed throughout. C. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or the city and compacted (MY4 of the maximum density as determined by AASHTO T-99, prior to having any form work placed on it. The Contractor shall erect metal or wooden forms on top of a prepared subgrade. All forms shall be set true to line and grade, and held rigidly in position to resist the pressure of poured concrete without springing. They shell be straight and free from warps and bends, 22 DocuStgn Envelope ID: 5498122F-D8C6.4152-9860-783CE910EB5C d. Expansion joints: Asphaltic felt expansion joints. (MOT current procedures are required with type II barricades and signage on all driveway and sidewalk closures). A* wide by 3- 1/2" deep are to be placed at specified intervals. They shell be rigidly held In place during the placement of concrete. e. Contraction Joints: Contraction joints shall be saw out with a concrete saw using a carbide or diamond tip blade. Each joint shall be approximately W416' wide by 1" to 1 A" deep. Joints shall be saw cut within 24 hours following placement of the concrete. Contraction joints shall be saw cut at specified intervals or 15' depending upon application. All concrete shall be installed in accordance with FDOT 2019 — 2020, or the latest edition. g. Driveways will be a minimum of 4' thick with a 6" thick footer, 1 foot wide at the edge of road pavement. Driveways will vary in width and length. END OF SECTION 23 DocuSign Envelope ID: 5498122F-D6C6a152-9860-783CE910EB5C Elf 1113T'T' B 69:8 C 098Al, 28I9,E,N �191M .7 After having examined all specifications, ContracYAgreement Documents, and other documents rely to the Invitation to Bid, I, the undersigned, hereby propose to perform everything required to be perforn in strict conformity wig the requirements of these documents, and to provide and furnish all equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding spectficatlons as set forth herein for the unit prices as stated below. The prig quoted below Includes r addenda which may be Issued. If there Is any item you wish not to bid on please write ONO 810' the Price per Square Yard column. Ouantity of work shelf be based upon ecch Individusl rcjrs;lia�BE or from the City. ,ANN.UAL CQWCRET A.. 91. Concrete ftmp/e. Ho )'a We Concrete sew and Removal (47 Concrete saw and Rernovai__�__ Concrete saw and Removal (41 Concrete Removal and reuiace W/Fibef(41' Concrete Removal and replace W/Fiber(4`)" Concrete Removal and replace W/FiWr(4")' Concrete W/Fiber(41° Concrete W/Rber(41° Concrete W/Fiber(47° Concrete saw and Removal 031 Concrete saw and Removal 91 Concrete saw and Removal g1 Concrete Removal and reolece W/Flber(6"1° Concrete Removal and replace W/Flber(67' C.11r�►f.t,-, Removal and realooe W/i+Iber(6'1° Concrete W/Fiber(60)" Concrete W/Flber(6`1` Concrete WJFlber(6")" MISC Concrete* MISC Concrete* MISC Concrete" MISC Concrete* MISC Concrete' Driveway Culvert Replacement W ADS') Driveway Culvert Replacement (1[r ADS") DrWwav Culvert Replacement (WADS) Driveway Culvert Replacement (11irADS") Driveway Culvert Replacement (16"ADS' 1 Quantity 1�- 80 �1 -100 1101 4 I1- 60 1� W 814W REMINDER: ONLY $ AMOUNTS SHOULD BE PROVIDED 24 SY SY SY _ I SY I By �Sy SY SY SY SY SV �sy �By I SY ST SY �SV �gy CY CY LF LF LF LF LF Labor/Ovaciiead Cost ter U (Material Cost E=Iuded) r ?,1 2- r 7 (2 63 f� N5 27 45 2 -75 70 /a zr)o Z- OCR Utz ,? 00 /7 /.5 1� 21 �a DocuSign Envelope ID: 714565B3-BD19-4DBF-AOB1.157OF01C83EO CnYOF ��1 HOME OF PELICAN ISLAND Administrative Services — Procurement Division 1225 Main Street —Sebastian, Florida 32958 February 7, 2024 Andrew Thomas President/Owner A. Thomas Construction, Incorporated P.O. Box 3285 Fort Pierce, Florida 34948 SUBJECT: BID RENEWAL REQUEST ITB #22-01 Concrete Services within the City of Sebastian Mr. Thomas, The City of Sebastian would like to renew ITB #22-01 Concrete Services within the City of Sebastian for one (1) additional year. The bid's terms and conditions allow for two (2) one (1) year renewal periods under the same terms and conditions. Acceptance of this offer guarantees that all terms, conditions and prices of the previous agreement shall remain in frill force and shall be honored for the renewal term of the contract from March 4, 2024 — March 3, 2025. If you are agreeable to renewing the contract, please sign electronically below and return by February 14, 2024 so we may ensure the contract continues uninterrupted. Should you have any questions, please contact Jessica Graham, Procurement Manager, at (772) 388-8231, or i esseraham(icci tvofsebastian.ore. We value your association with the City of Sebastian. Sincerely, Lo.euagma by ica`�,ra80Cf°ia�1n, CPPB Procurement Manager City of Sebastian A. Thomas Construction, Incorporated pricing and contract terms and conditions submitted in reference to ITB #22-01 Concrete Services within the City of Sebastian. l 9 " TUMOLs Andrew ' U° ias, President/Owner c � i Brian I9enn, 1 Manager 2/7/2024 1 5:25:09 PM EST Date 2Y22lao,y Date