HomeMy WebLinkAboutDriveway Replacement TransmittalSEBASTIAN
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.
Backeround: 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 Requires Exnenditure 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 Review:
City Attorney Review:
Procurement Division eR view, if applicable:
City Manager Authorization:
Date: 7/3 /;.ozy
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 terns), 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
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agreement attached hereto as "Exhibit A" through the City's supplemental agreement attached hereto as
"Exhibit B."
SECTION 3. CONFLICTS.
If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid,
unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity,
force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise
determined to be invalid, unlawful, or unconstitutional.
SECTION 4. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of typographical
errors which do not affect the intent may be authorized by the City Manager or designee, without need of
further action by the City Council by filing a corrected copy of same with the City Clerk.
SECTION 5. EFFECTIVE DATE.
This Resolution shall become effective immediately upon adoption by the City Council.
The foregoing Resolution was passed for adoption by Council Member Dixon , was
seconded by Council Member Jones , and upon being put to a vote, the vote was as follows:
Mayor Dodd aye
Vice Mayor Dixon aye
Council Member Jones aye
Council Member McPartlan aye
Council Member Nunn aye
The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of May
2024.
ATTEST.
Janette Williams, City Clerk
2
CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA
9(GL447
Ed Dodd, Mayor
Approved as to form and
Legality:
1�
(Le.qpffer Cockcro , Esq., City Attorney
DocuSign Envelope ID:16784C4B-B6124D29-8657-87BFA3462EF9
PIGGYBACK AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SEBASTIAN AND PALM BAY CONCRETE &
MATERIALS INC.
THIS AGREEMENT made and entered into this 8th day of Mav 2024,
by and between the City of Sebastian, 1225 Main Street, Sebastian, FL 32958 a Florida
municipal corporation (CITY) and Palm Bay Concrete & Materials, Inc. (FEIN: 81-3470681)
located at 4000 Adams Lane, Malabar, FL 32950, (VENDOR), (PARTIES);
WHEREAS, the City of Melbourne has previously entered into a contract with
VENDOR to provide Concrete Curb, Sidewalk, Driveway, Restoration, and Unclassified
Excavations (attached as Exhibit A hereto); and
WHEREAS, the City of Sebastian wishes to enter into a like contract with VENDOR
under the same terms and applicable conditions as that prior agreement entered into by the City
of Melbourne to provide Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified
Excavations and other related tasks as may be assigned by the CITY; and
WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of
Sebastian grant the authority to piggyback the purchase of goods and services as a form inter-
governmental cooperative purchasing in which a public purchaser requests competitive sealed
bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units
to purchase from the selected vendor under the same terms and conditions as itself in order to
take advantage of the better pricing that large purchasers are able to obtain in order to reduce
administrative time and costs involved in the procurement process (i.e., cost of preparing bid
specifications, advertising, etc.); and
WHEREAS, the City of Sebastian has determined that in this circumstance,
piggybacking onto a contract entered into by the City of Melbourne is the most economically
advantageous way to procure these goods and services.
NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained
herein, the parties agree as follows:
1. TERM
The initial term shall be from April 1, 2024 until March 31, 2025 with five (5) 12-month
renewal options. The contract may be renewed by agreement of the parties in writing
under the condition the City of Melbourne executes their renewal option.
Page 1 of 5
DocuSign Envelope ID: 16784C4B-B612-4D29-8657-87BFA3462EF9
2. GENERAL PROVISIONS
All other terms and conditions of the contract and any amendments thereto entered into
between the City of Melbourne and VENDOR referenced above will be applicable to this
agreement unless specified herein.
3. NOTICES
All notices and demands shall be sent U.S. Certified Mail, return receipt to:
VENDOR:
Craig Wilson, President
Palm Bay Concrete & Materials, Inc.
102 E New Have Ave # 114
Melbourne, FL 32901
CITY:
Brian Benton, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
4. PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
JEANETTE WILLIAMS, MMC, CITY CLERK
1225 MAIN ST
SEBASTIAN, FL 32958
(772)388-8215
JWILLIAMSa,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 term and following completion of the contract
if the contractor does not transfer the records to the public agency.
Page 2 of 5
DocuSign Envelope ID: 16784C4B-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-B612AD29.8657-87BFA3462EF9
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:
W.
ATTEST:
(Jeanette Williams, MMC
City Clerk
For the use and reliance of the City of
Sebastian only. Approved as to form
and legal sufficiency.
Pnile,�.41�0c&cro
StSll Esq.
City Attorney
PALM BAY CONCRETE & MATERIALS
INC.
By:
�Ora�WeM
lr�u�.sak.
Cratg�ilson, President
Date: 5/3/2024 i 2:09:11 PM EDT
CITY OF SEBASTIAN, FL
s� #r
Brian Benton, City Manager
Date: .S q aOJL
Page 4 of 5
DocuSign Envelope ID: 16784C4B-B612-4D29-8657-878FA3462EF9
EXHIBIT A
Citv of Melbourne asreement with Palm Bav Concrete & Materials Inc
Page 5 of 5
Melbourne
The Harbor City x �kw-111111,_
Procurement Division a 900 E. Strawbridge Avenue a Melbourne, Florida 32901 a (321) 608.7062 a Fax (321) 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
Unclassif led 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 MacDavill, Senior Nicholas Coster, Utility Operations Craig Wilson - President
Buyer Assistant Superintendent 102 E. New Haven Ave #114.
900 E. Strawbridge Ave, City of Melbourne Melbourne, FL 32901
Melbourne, FL 32901 2895 Harper Road, palmbayconcrete@gnlail.com
deena.macdavitlfoirri bfl.oro Melbourne, FL 32904 P: 321-408-1808
P: 321-608-7063 / F:321-608-7070 nicholas.cosler_ MLBFL.orq
P: 321-608-5 00 / F:321-608-5105 _
This Contract consists of the following documents: (Mark "X" where applica )le)
0 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
0 Exhibit A4. Pricing Schedule
0 Exhibit B: Supplemental Provisions
❑ Exhibit C: Federal Compliance Provisions
Exhibit D: Bid Specifications
0 Exhibit D1: Invitation to Bid # ITB-B24005D-0-2024/DM, as modified by addenda (the "ITS")
❑ Exhibit D2: Request for Proposal # RFP , as modified by addenda (the "RFP")
0 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 April 1. 2024 (the
"Commencement Date"), subject to the Effective Date. This Contract expires on March 31. 2025 (the "Expiration
Dale") and is ❑ not renewable 0 is renewable for up to Ave (5) one-year additional terms
CITY:
CITY OF MELBOURNE,
a Florida m icipal corporation
Jonni Lim', City MayaA I '/
ATTEST:
Clerk
lethod or Procurement (mark):
x �_ JCIVOO.S�—d—LosY ! DN
;0i011]111
PALM BAY CONCRETE & MATERIALS INC.
a Flor' a Corporation U
Signature ,l Dale
"Note, a," olteWao no ei,lin
Expiration Dale:
Renewal: ❑No
Council Approval Date:
ve, paNes to,uomto
I$4es: S terms ❑NotA plicablo
Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 1 of 17
City of Melbourne & Palm Bay Concrete & Materials, Inc April 2024
Sid Version 8123/2023
Services
EXHIBITA
STANDARD TERMS AND CONDITIONS OF PURCHASE AGREEMENT -SERVICES
1. DEFINITIONS
A. 'ltem(sr means any goods or items, including intellectual
properly, provided by CONTRACTOR incidental to the Services.
B. 'Hazardous Materials' ere or contain dangerous goods,
chemicals, contaminants, substances, pollutants, or any other
materials that are donned 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 donned 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 At 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 (his
Contract shall be the dale of the last of the parties to sign,
unless otherwise stated. If this Contract Is renewable, it shall
only be renewed at CITY's sole discretion.
3. PRICING
A. Prices set forth on Exhibit A4 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 [hat set forth
herein, CONTRACTOR shall adjust Its price to the lower price
for any un4nvoiced 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 compered 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 shell 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 [he
CONTRACTOR unless CITY deducts or withholds taxes
therefrom on behalf of the local taxing jurisdiction. then CITY
shall duly withhold such taxes and shall remit the remaining net
Invoice amount to the CONTRACTOR. CITY shall not
reimburse CONTRACTOR for the amount of such taxes
withheld.
E. The purchase of equipment, materials, and/or service by the
CITY may be exempt from the payment of excise, transportation
and sales lax Imposed by the federal, 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 CITY's prior written approval.
G. CITY reserves the right to have CONTRACTOR's records
Inspected and audited to ensure compliance with this Contract.
At CITY's option or upon CONTRACTOR's written demand,
such audit will be performed by an independent third party at
CITY's expense. However, If CONTRACTOR Is found to not be
complying with this Contract in any way. CONTRACTOR shall
reimburse CITY for all costs associated with the audit, along
with any discrepancies discovered, within thirty (30) days alter
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 shell be responsible for and hold the CITY
harmless for any and all payments to CONTRACTOR's vendors
or subcontractors utilized In the performance of the Services.
C. Discounts for prompt payment will not be considered in bid
evaluations, unless otherwise specified. Offered discounts.
however, will be taken If payment Is made within the discount
period.
D. Payment is made when CITY's check is mailed or EDI funds
transfer initiated.
E. CITY is a local governmental entity subject to the Local
Government Prompt Payment Act, §218.70, at seq., Fla. Slat.
and payment by CITY shall be made In compliance with said
Act. Late charges may be assessed subject to said Act but only
to the extent set forth in this Contract.
F. No payments shell be made in advance of acceptance or
services not covered under this Contract norfor Services not
acceptable to CITY.
G. CONTRACTOR agrees to Invoice CITY no later than sixty (60)
days after performance of Services. CITY will not be obligated
to make payment against any Invoices submitted after such
period.
H. Payment by the CITY shall be subject to approval and
acceptance or Services by CITY. Notwithstanding the
foregoing, CITY's payment shall not constitute acceptance.
S. 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 8 Palm Bay Concrete 8 Materials, Inc.
Page 2 of 17
April 2024
beyond the date of termination.
6. NON -EXCLUSIVITY
The light 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 or 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 fora 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 Stale of Florida or the federal government
enacts a law, which removes or restricts the authority of CITY to
conduct all or part of Its function.
F. Upon receipt of such notice of termination, CONTRACTOR
shall: (1) discontinue the terminated work In accordance with
CITY's instructions, (2) thereafter perforn 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 shell 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 and/or any subsequent Orders in the
Purchase Order without any liability.
S. FORCE MAJEURE
Neither party shell be responsible for its failure to perform due to
causes beyond Its reasonable control such as acts of God, fire,
(heft, 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 (if) terminate
all or part of the uncompleted ponion of the Purchase Order at
no cost to CITY.
S. 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 slate the reasons.
B. CITY may place any portion of an Order on hold by notice which
shall take effect immediately upon receipt. Orders placed on
hold will be rescheduled or canceled within a reasonable time.
C. CITY shall have no obligation with respect to the purchase of
Services underthls Contract until such Services are specified In
an Issued Purchase Order.
D. CONTRACTOR, In performing work under this Contract, shall
provide and maintain during the life of this Contract, equipment
and staff sufficient in number, condition and capacity to
efficiently perform the work and provide the Services required
by this Contract.
10. WARRANTY
A. CONTRACTOR represents and warrants that all Services
provided shall be performed In a workmanlike and competent
manner in accordance with the highest professional standards
in CONTRACTOR's trade or Industry, and shall meet the
descriptions and specifications provided on Exhibit Al and the
performance standards slated in Exhibit A2. CITY may inspect
and lest 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
for such Services. Items rejected by CITY as not conforming to
this Contract or specifications, whether provided by CITY or
furnished 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
furnished hereunder, which shall survive any delivery,
inspection, acceptance. payment, or resale of the Services and
Items:
() Items will not infringe any party's Intellectual property rights;
(il) CONTRACTOR has the necessary right, title, and Interest to
provide said Items to CITY, and the Items will be free of
(lens and encumbrances;
(di) Items are new, and of the grade and quality specified;
(N) Items are free from defects In workmanship and material,
conform to all samples, drawings, descriptions, and
specifications furnished or published by CONTRACTOR,
and to any other agreed -to specifications: and
(v) Items conform to the manufacturing quality provisions set
forth in Exhibit A2.
C. If CONTRACTOR breaches any of the foregoing warranties, or
Items are otherwise non -conforming, during a period of three (3)
years after CITY's acceptance of Services, CONTRACTOR
shall, at CITY's option, (1)promptly correct any non -conforming
or defective workmanship at no additional cost to the CITY; or
(if) CONTRACTOR shell promptly repair, replace, or refund the
amount paid for such Items and Services; end (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 Bay Concrete & Materials, Inc.
Page 3 of 17
April 2024
right to Instruct CONTRACTOR to remove from the CITY's
premises Immediately any of CONTRACTOR's personnel who
are In breach of Paragraph 17 herein. Such removal shall not
relieve CONTRACTOR's obligation to provide Services under
this Contract.
12. SECURITY
CONTRACTOR confines 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 furnished or paid for by CITY
shall: (i) remain or become the CITY's properly; (11) be used by
CONTRACTOR exclusively for CITY's orders; (tlq be clearly
marked as Crr fs 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, tulle, and
Interest to all Intellectual properly 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 shall be effective for the
entire duration of the Copyrights and shall include, but riot 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 or 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: (I)
procure the right to continue using Items; III) replace Ihemwilh
non -Infringing Items; (III) modify them so they become non -
infringing; or (iv) refund to the CITY the amount paid for any
Items returned to CONTRACTOR or for any Item destroyed and
for Services connected therewith.
16. GENERAL INDEMNIFICATION
CONTRACTOR shall, to the fullest extent permitted bylaw.
protect, defend, indemnify, and hold CITY and Its employees,
officers, agents, representatives, and subcontractors harmless
from and against any and all claims, liabilities, demands,
penalties, forfeitures, suits, judgments, and the associated costs
and expenses (Including attorney's fees), which may hereafter
Incur, become responsible for, or pay out as o result of: death 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 or this
Contract; (II) any negligent or willful acts, errors, or omissions by
CONTRACTOR, Its employees, officers, agents,
representatives, or subcontractors In the performance of this
Contract; or (III) 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. Slat. or otherwise
provided.
17. COMPLIANCE WITH LAWS
A. CONTRACTOR shall comply with all national, slate, and local
laws and regulations governing the manufacture, transportation,
andfor sale of items and/or the performance of services In the
course of this Contract. Lack of knowledge by CONTRACTOR
shall in no way be cause for relief from responsibility. These
may Include, but are not limited to. Department of Commerce,
Environmental Protection Agency, and Department of
Transportation regulations applicable to Hazardous Materials
and all immigration, employment and labor laws governing
CONTRACTOR's personnel 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 end warrants that the Items supplied
and Services provided to the CITY shell 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 Slates. The employer must verity 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
shell verify through the E-Verify system the employment
eligibility of persons providing labor, supplies or services in
exchange for salary, wages or other remuneration as required
by §448.095, Fla. Slat. Notwithstanding anything to the contrary
In this Contract, the CITY reserves the right to terminate this
Contract in accordance with §448.095. Fla. Stat
E. Public Entity Crimes Statement. CONTRACTOR represents
and warrants that is not listed on the Slate of Florida's convicted
vendor listing established under the provisions of §287.133, Fla.
Slat., whereby the Stale 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 Odebrechl Construction,
Inc., v. Presad end Odebrecht Construction, Inc., v. Secretary,
Florida Department of Tmnsportallon 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 Companles with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List: and ® has not been engaged in business
operations In Cuba or Syria In violation of §287.135, Fla. Slat. If
the CITY determines that CONTRACTOR has falsely certified
facts under this sub -paragraph or if CONTRACTOR is found to
have been placed on the Scrutinized Companies Lists or Is
engaged In a boycott of Israel after execution of this Contract,
CITY will have all rights and remedles to terminate this Contract
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City of Melbourne & Palm Bay Concrete & Materiels, Inc.
Page 4 of 17
April 2024
consistent §287.135, Fla. Stal. CITY reserves all rights to waive
certifications required by this paragraph on a case -by -case
exception basis pursuant to §287.135. Fla. Stet..
H. Foreign Gifts and Contracts. CONTRACTOR must comply with
any applicable disclosure requirements In §286.101. Fla. Star.
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 %rotation of
§287.138, Fla. Stal.
J. Environmental and Social Goverment and Corporate Activism.
Pursuant to §287.05701. Fla. StaL, 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 At 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. Stal..
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 Ibis
Contract and for a period of five (5) years after completion and
acceptance by CITY. If required by CITY, CONTRACTOR
agrees to submit to an audit by an independent certified public
accountant selected by CITY. CONTRACTOR shall allow CITY
to inspect, examine and review the records of CONTRACTOR
in relation to this Contract at any and all times during normal
business hours during the term of this Contract. Records
relating to the performance of this Contract shall be made
available to CITY for audit upon reasonable notice.
C. A request to Inspect or copy public records relating to this
Contract for Services must be made directly to the CITY and
CONTRACTOR shall not release a public record In response to
a request arising from anyone other then the CITY.
D. To the extent CONTRACTOR Is "acting on behalf of the CITY
CONTRACTOR shall be subject to the following provisions:
(I) As required by §119.0701. Fla. Slat., CONTRACTOR shall
(1) Keep and maintain public records required by the CITY
to perform the Services.
(2) Upon request from the CITY, provide the City with a
copy of the requested records or allow the records to be
Inspected orcopled within a reasonable time at a cost that does
not exceed the cost provided by law.
(3) Ensure that public records are exempt or confidential
and exempt from public records disclosure requirements thal
are not disclosed except as authorized by law for the duration of
the Contract and following completion of the Contract If the
CONTRACTOR does not transfer the records to the CITY.
(4) Upon completion of the Contract, transfer, at no cost, to
the CITY all public records In possession of the CONTRACTOR
or keep and maintain public records required by the CITY to
perform the Service. If the CONTRACTOR transfers all public
records to the CITY upon completion of the Contract, the
CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and
maintains public records upon completion of the contract, the
CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must
be provided to the CITY, upon request from the CITY's
custodian of public records, In a format that Is compatible with
the Information technology systems of the CITY.
(a) The CONTRACTOR who fags to produce the public records
as required by §119.0701, Fla. Slat, may be subject to penalties
pursuant to §119.10, Fla. Slat. and civil action pursuant to
§119.0701(4) and such failure to produce shall be considered a
material breach of this Contract by CONTRACTOR In the
event or such breach, in addition to all other remedies available,
CONTRACTOR shall pay to CITY all Incidental and
consequential damages arising from such breach, Including
attorneys' fees and costs Incurred by the CITY In defending a
public records action as well as those assessed against the
CITY in such pudic records action.
(GI) The terin'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 conneclionwlth the transaction ofofficlal businessby oron
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 ofthe 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 Atlomey s
Office northe City Clerk's Office Is providing legal orother advice
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 a; Exhibit C to the
Contract;
• Third, these 'Standard Terms and Conditions of Purchase
Agreement — Services' Incorporated by reference into the
Contract.
• Fourth, CITY's Invitation to Bid or CITY's Request for Proposal,
as the case may be, with supporting addenda and
CONTRACTOR's bid but only to the extent responsive to CITY's
request, collectively set forth as Exhibit D to the Contract.
D. No waiver of any breach hereof shall be held to be a waiver of
any other or subsequent breach.
E. CITY's rights and remedies herein are in addition to any other
rights and remedies provided by law or In equity.
F. If any provision of this Contract Is determined by a court of
competent jurisdiction to be invalid. Illegal. or unenforceable,
such determination shall not affect the validity of the remaining
provisions unless CITY determines in Its discretion that the
court's determination causes Ibis Contract to fall In any of its
essential purposes.
G. Notwithstanding anything else contained In Ibis Contract, CITY
and CONTRACTOR specifically agree that failure to perform
certain obligations undertaken In connection with this Contract
would cause Irreparable damage, and that monetary damages
Concrete Curb, Sidewalk, Driveway. Restoration and Unclassified Excavations
City of Melbourne 8 Palm Bay Concrete 8 Materials, Inc.
Page 5 of 17
April 2024
would not provide an adequate remedy in such event. The
parties further agree that CONTRACTOR's failure to complete
performance of the Services called for In this Contract or on any
project Ordered under this Contract, or failure to perform or
effect performance of Services as contracted are such certain
obligations. Accordingly, It Is agreed that, in addition to any
other remedy to which the non -breaching pony 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 consentof 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 same degree of formality evidenced In this Contract.
Nothing contained In this Contract will be construed as
establishing any contractual relationship between CITY and any
subcontractor of CONTRACTOR. CONTRACTOR will be fully
responsible to CITY for the acts and omissions of the
CONTRACTOR's subcontractor(s) and their employees. When
subcontracting Is allowed, any changes in subcontractors shall
require prior written approval by the CITY.
22. OFFER EXTENDEDTO OTHER GOVERNMENTAL ENTRIES
CITY encourages and agrees to CONTRACTOR extending the
pricing, terms and conditions of this Contract to other
governmental entities at the discretion of CONTRACTOR.
23. APPLICABLE LAW
This Contract Is to be construed and Interpreted according to
the laws of the State of Florida and all legal proceedings
regarding this Contract shall be filed In Brevard County, Florida.
24. HEADINGS
The headings provided in this Contract are for convenience only
and shall not be used in interpreting or construing this Contract.
25. SURVIVAL
The provisions of Paragraphs 1 (Definitions), 10 (Warranty), 13
(Ownership and Ballmenl), 14 (Assignment of Intellectual
Property), 15 (Intellectual Property Indemnification). 16 (General
Indemnification), 18 (Retention and Audit), 19 (Merger,
Modification, Waiver and Remedies), 20 (Disputes), 23
(Applicable Lew), 24 (Headings), and 26 (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 or this Contract.
26. TIME
Time Is of the essence in the performance of this ConbacL
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: errCitv.Clerk n,MLBFL.ors
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City of Melbourne & Palm Bay Concrete 5 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.
If. 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 all local, State, and Federal laws, including all codes,
ordinance and regulations applicable to this contract and work to be done thereunder, which exist
or which may be enacted later by governmental bodies having jurisdiction or authority for such
enactment.
G. During performance and up until the date of final acceptance, the CONTRACTOR shall be under
the absolute obligation to protect the finished work against any damage. In the event such
damage, the 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 borne 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.
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City of Melbourne & Palm Bay Concrete 8 Materials, Inc. April 2024
I. Work under the awarded contract includes the CONTRACTOR being responsible for removing
all form work and cleanup of the work area, including backfill and compaction to the satisfaction
of the CITY.
J. CONTRACTOR shall provide and maintain during the life of the awarded contract, equipment
sufficient in number, condition and capacity to efficiently perform the work required by the
awarded contract. All company vehicles must be maintained in good repair, appearance, and
sanitary condition at all times. The CITY reserves the right to inspect the CONTRACTOR'S
equipment at any time to ascertain said condition.
K. CONTRACTOR must provide a company asset list including pictures of Volumetric Mobile
Mixer Truck(s), Vehicle Identification Number(s) and License Plate Numbers at time of bid
submittal. Vehicles shall be marked with the Company logo and the logo shall contain the
company name and contact number. Logo shall be readable and visible to the public.
L. CONTRACTOR employees should be neat in appearance, be 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.
Ill. 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", 6br 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"l
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.
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City of Melbourne & Palm Bay Concrete 8 Materials, Inc. April 2024
C. Concrete driveway.
a. CONTRACTOR shall saw cut, remove and dispose of old concrete (as required.)
b. CONTRACTOR shall grind roots to the depth required (4", 6" or 8° deep as required) so the raw earth is
completely level prior to the pouring of concrete.
c. CONTRACTOR shall set forms to finish grade.
d. CONTRACTOR shall pour minimum 3,000 psi, fiber -reinforced concrete (4" or 6" thick as required.)
e. CONTRACTOR shall finish to match existing driveway, Including fill as necessary. CONTRACTOR shall
finish to match existing concrete retaining wall, including fill as necessary.
D. Unclassified Excavations
Unclassified excavations is defined as any material required to be removed prior to the concrete work
commencing at a location. This may include, but is not limited to dirt, sand, rock and lime rock.
E. Forms
Forms shall be set to finished grade and line shall be securely staked to prevent displacement during placing
of concrete. Forms may be set off from the original line to provide room for existing trees as directed by the
CITY. There will be no additional charge for changing original line of sidewalk. Subgrade and forms shall be
thoroughly watered immediately prior to placing of concrete. After forms are pulled, a clean top soil shall be
used as a backfill. All excavated areas and voids adjacent to concrete work shall be completely backfilled and
compacted as needed to prevent cracking or settling of new concrete. No additional payment will be made for
this work.
IV. SITE
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 needy 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.
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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-Uo
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. Temnorary 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. Eouloment Lefton Jobsite
CONTRACTOR shall ensure all equipment left on jobsile 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.
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City of Melbourne 8 Palm Bay Concrete & Materials, Inc. April 2024
G. Handicap Ramps
CONTRACTOR shall construct ramps in accordance with the FDOT Roadway and Traffic Design Standards
and the Florida Accessibility Code for Building Construction, most current edition. Placement of ramps shall be
coordinated with the City.
H. Stamping
CONTRACTOR shall ensure areas of pavement and median pavement for this project will receive a stamped
and patterned surface with coloring in accordance with local, slate and federal requirements. This includes
their requirements for expansion joints, joint filler board, welded wire fabric and concrete mix.
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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 gradinglexcavating
aspects, site preparation,
leveling, fill work, and all labor and material.l
ESTIMATED
ITEM DESCRIPTION
ANNUAL
EXTENDED
UOM UNIT PRICE
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
4 Curb, Miami— remove, form
and pour
5 Curb, Miami —form and pour
6 Curb, "F" — remove, form and
pour
7 Curb, "F" — form and pour
8
(J
i%
13
14
16
16
Driveway, 4" — remove, form
and pour
Driveway, 4" — form and pour
Driveway, 6" — remove, form
and pour
Driveway, 6" — form and pour
Sidewalk, 6"— remove, form
and pour
Sidewalk, 6"—form and pour
Sidewalk, 8"— remove, form
and pour
Sidewalk, 8"—form and pour
Unclassified excavation, curb
150
400
100
200
250
600
1750
2000
►AR
300
75
300
100
Foot
'
Linear
$49.91
$7,486.50
Foot
Linear
$47.21
$18,884.00
Fool
Linear
$49.91
$4,991.00
Foot
Linear
$47 21
$9,442.00
Foot
Square
$10.79
$2,697.50
Foot
Square
$g 08
$4,848.00
Foot
Square
$11.46
$20,055.00
Foot
Square
$8 78
$17.560.00
Foot
Square
$11.46
$859.50
Foot
Square
$g 78
$2.634.00
Fool
Square
$12 13
$909.75
Foot
Square
$9.43
$2,829.00
Fool
Linear
$4.05
$405.00
Foot
Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 12 of 17
City of Melbourne 8 Palm Bay Concrete 8 Materials, Inc. April 2024
17 Unclassified excavation, 300
Square $4.05
$1,215.00
sidewalk
Foot
16 Unclassified excavation, 400
Square
$4.05
$1,620.00
driveway
Foot
19 Root Grinding 50
Square $1.35
$67.50
Foot
BID TOTAL Items 1 thru
$244,730.25
9
The City of Melbourne reserves the right to award this bid to a primary Contractor and a secondary Contractor if in the
best interest of the City. If so awarded, the total scope of work will be given to the primary Contractor. City of Melbourne
shall use the services of the secondary Contractor only when the primary Contractor cannot provide service to area(s)
within a reasonable period of time (as determined by City of Melbourne Public works and Utilities Director.)
Will Bidder be willing to serve as Secondary CONTRACTOR If not selected as Primary CONTRACTOR? ® Yes
❑ No
Optional pricing below Is ancillary and will not be used as a basis of award.
ITEM DESCRIPTION ESTIMATED UOM UNIT PRICE 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
City of Melbourne & Palm Bay Concrete & Materials. Inc.
Page 13 of 17
April 2024
EXHIBIT B
SUPPLEMENTAL PROVISIONS
1. Bid.
This Contract is awarded based on CONTRACTOR's Bid responding to CITY's ITB. CONTRACTOR
represents and warrants that all information and representations contained in the Bid is truthful to the best of
CONTRACTOR's knowledge and belief and CONTRACTOR hereby restates and affirms all representations
contained in the Bid.
2. Performance Bonds.
No performance bonds or payment bonds are required by this Contract.
3. Notice to Parties
A. Notice to the City regarding terms and conditions of the Contract and changes In address/addressee shall
be directed to the City Procurement Contact as identified on the cover page of this Contract. Notice and
communication with the City regarding the Services shall be directed to the City Department Contact as
Identified on the cover page of this Contract. Inquiries regarding payment to CITY shall be directed to
City of Melbourne, Accounts Receivable, 900 East Strawbridge Avenue, Melbourne, Florida 32901.
B. Notice and communication and changes in address/addressee to the CONTRACTOR shall be directed to
the CONTRACTOR Contact as identified on the cover page of this Contract.
C. Notice of default or notice of termination of this Contract shall be made In writing and delivered In person
or dispatched by certified mail, postage prepaid, return receipt requested and shall be addressed as
follows:
If to the CITY
Procurement Manager
Procurement Division
City of Melbourne
900 East Strawbridge Avenue
Melbourne, Florida 32901
If to CONTRACTOR:
Palm Bay Concrete & Materials Inc.
102 E. New Haven #114
Melbourne, FL 32901
A party may unilaterally change its address or addressee by giving notice in writing to the other party as
provided in this section. Thereafter, notices and other pertinent correspondence shall be addressed and
transmitted to the new address.
4. Insurance Reoulrements
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 Stale 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
dlsease/employee and $500,000 per disease/policy limit. CONTRACTOR shall require their
Subcontractor(s) similarly to provide Worker's Compensation Insurance for all of the letter's employees
engaged in such work unless such employees are covered by the protection afforded by the
CONTRACTOR's Worker's Compensation Insurance. In case any class of employees engaged in
hazardous work on the project under this Contract is not protected under the Worker's Compensation
statute, the CONTRACTOR shall provide and shall cause each Subcontractor to provide adequate
insurance for the protection of employees not otherwise protected.
D. Proof of Insurance. CONTRACTOR shall submit proof of the required insurance to CITY in the form of
Certificates of Insurance. Such certificates shall clearly show the insurance coverage required by the
Contract. In the case of Commercial General Liability Insurance, a copy of the Additional Insured
Endorsement page issued by the underwriting Insurance company showing that the CITY of Melbourne
has been listed as an Additional Insured on the policy shall accompany the Certificate of Insurance.
E. All coverage for CONTRACTOR's subcontractors shall be subject to all of the requirements stated herein.
THE REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK
Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 15 of 17
City of Melbourne & Palm Say Concrete & Materials, Inc. April 2024
EXHIBIT D1
INVITATION TO BID
On file in Procurement Division
Concrete Curb, Sidewalk, Driveway. Restoration and Unclassified Excavations Page 16 of 17
City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024
EXHIBIT D3
CONTRACTOR'S RESPONSIVE BID
On file in Procurement Division
Concrete Curb, Sidewalk, Driveway, Restoration and Unclassified Excavations Page 17 of 17
City of Melbourne & Palm Bay Concrete & Materials, Inc. April 2024
Tentative List of Driveways to Replace for 2024 Paving Project - Updated 6/28/2024
Total Driveways: 126
Full Address
510 ATLANTUS TER
608 ATLANTUS TER
613 ATLANTUS TER
625 ATLANTUS TER
626 ATLANTUS TER
632 ATLANTUS TER
638 ATLANTUS TER
649 ATLANTUS TER
655 ATLANTUS TER
661 ATLANTUS TER
673 ATLANTUS TER
685 ATLANTUS TER
524 BAYHARBOR TER
544 BAYHARBOR TER
582 BAYHARBOR TER
594 BAYHARBOR TER
579 BENEDICTINE TER
602 BENEDICTINE TER
510 BROOKEDGE TER
541 BROOKEDGE TER
582 BROOKEDGE TER
510 BROWNING TER
518 BROWNING TER
526 BROWNING TER
534 BROWNING TER
549 BROWNING TER
565 BROWNING TER
574 BROWNING TER
581 BROWNING TER
590 BROWNING TER
1131 COVERBROOK LN
1306 DAMASK LN
1308 DAMASK LN
1311 DAMASK LN
1314 DAMASK LN
1315 DAMASK LN
City
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
Zip
Code
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
Notes
Auxiliary Driveway
Auxiliary Driveway
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
820 GENESEE AV
1155 GEORGE ST
1265 GEORGE ST
1273 GEORGE ST
1279 GEORGE ST
1285 GEORGE ST
813 GLADIOLA AV
825 GLADIOLA AV
831 GLADIOLA AV
855 GLADIOLA AV
861 GLADIOLA AV
1380 HAVERFORD LN
1381 HAVERFORD LN
1385 HAVERFORD LN
1386 HAVERFORD LN
1391 HAVERFORD LN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
32958
Auxiliary Driveway
Auxiliary Driveway
onto Stonecrop
Auxiliary Driveway
1006 LACONIA ST
1034 LACONIA ST
1050 LACONIA ST
1234 LACONIA ST
1290 LACONIA ST
1341 LACONIA ST
SEBASTIAN 32958
SEBASTIAN 32958
SEBASTIAN 32958
SEBASTIAN 32958
SEBASTIAN 32958
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 Auxiliary Driveway
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
132958
1693 STONECROP ST
1632 SUNPORT RD
1642 SUNPORT RD
674 TULIP DR
714 TULIP DR
726 TULIP DR
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
SEBASTIAN
32958
32958
32958 Auxiliary Driveway
32958
32958
32958
750TULIP DR
SEBASTIAN
32958
773 TULIP DR
SEBASTIAN
32958
774TULIP DR
SEBASTIAN
32958
780TULIP DR
SEBASTIAN
32958
785 TULIP DR
SEBASTIAN
32958
786TULIP 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.D6C6.4152-9860.783CE910EBSC
CONCRETE SERVICES ON AN AS -NEEDED BASIS WITHIN THE CITY OT
SEBASTIAN AGREEMENT
This Agreement is entered into by the parties this 3 Cat day of . �rbr( .2022.
I. PARTIES:
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:
Phillip Parnode (PROJECT MANAGER) Siormwater
Superintendent
1225 Main Street
Sebastian, Florida 32959
Phone. 772-388-8243
Cell; 772-633-0916
Email: ppamode a@cityofsebastiwLorg
1 3. DESIGNATED CONTACT PERSON AS TO
CONTRACTOR:
Andrew Thomas, President/owner
A. Thomas Construction, Incorporated
P.O. Box 3285
Fort Pierce, Florida 34948
Office/Cell: 772-216-5898
Email: atconst06Lyahoo.com
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 identified
above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice.
S. TERMS OF AGREE
1tjENT Aiti'D CO:eV NT OF SERVICES. The duration of the Agreement shall
be for a period of two 2) years (tom a to t e Parties have executed die Agreement, with the option to
renew for two (2) additional, one -(I) year terns. The renewal option will be conditioned upon satisfactory
perforulance 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. ENTJRE , ENT. This Agreement, and its associated Imitation to Bid (ITB) Documents referenced
herem, tog with any This
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 to 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` / IrfFjy? j)() J11jFpecifications
2. EExhinibit `'BB"-'fBiid Price Form submitted by Contractor
CITY OF SF�ASTUW, FLORIDA%A. TWOMA- C-ON STRl1CT10N. INC. InOlels _
rrB 22-01 Concrete Services within the City of Sebastian - - -
1 of 13
DocuSign Envelope ID: 5498122F-06C64152.9860.763CE910EB5C
8. MODIFICATION OF AGjtEEMENT. 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 tents,
including substitution of product, shall be valid or binding against City. Contractor may not
unilaterally modify the terms of die 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 and
addenda, if any. If City identifies any additional Services to be provided by Contractor dial 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 he subject to die review,
inspection and acceptance o 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 be
performed, interpretation of Technical Specifications and all technical questions as to the
acceptable f rifiUment of the Contract on the part of the Contractor shall be referred to the Chi
Manager 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 an materials.
labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any
nature, and all other services and facilities of anv nature whatsoever necessary to execute, complete,
and deliver die Services within die specified time.
12. COMPENSATION TO CONTRACTOR. Compensation io be paid to Contractor for the
provision of the Services agreed to herein shall be per the unit pricing noted in Exhibit "B",
attached to this Agreement. Contractor or the City may request an adjustment of the fees for any
of the renewal 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 fees shall be
communicated, in writing, to the other party sixty (60) days prior to contract expiration. Such
adjustment may be based on the annual consumer price index (CPI) or three perct nt (3%),
whichever is less. All increases or decreases are subject to negotiations.
13. PAYMENT OF PAYMENT REQUESTS. Contractor shall agree to schedule a_drivc,thrpugh
and/or walk through iamxtiot� for_ege Mp_t orLQf the t:gmrleted_croncrae work with the City of
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
-
CITY OF SEBAST IAN, FLORIDA! A. THOtdA9 CO—NSTR--UCTIO—NN,,INC. Ini0—als �( �` _
ITB 22-01 Concrete Services within the City of Sebastian 2 of 13
DocuSlgn Envelope ID: 5408122F-D6C6-4152-9860.783CE910EBSC
13.1 Patment Renueats/Iavoices. 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 paymcattinvoices 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 Promul Patment. City shall make payment of a payment request in accordance with
Chapter 218, Part VU of the Florida Statutes "Local Government ProinptPajmentAcr" from
the date which a properly received payment request/invoice is recorded as received by City,
for Services completed to the satisfaction of City.
133 Form of Reuuest. If the payment request is not received in proper order, City may reject
the payment request within ten t101 business dais oiler the date on which the payment
request is recorded as received by City. City shall provide Contractor with a written
notification of the 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 snake payment in accordance with Chapter 218, fart VII of the
Florida Statutes "Local Government Prompt Payancnt Act", or reject the payment request,
within ten 1101 business dais after the date on which the corrected and proper payment
request is recorded as received by City.
13.4 Resolution of Patment Reuuest 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 in a timely mnMpr, as long as
the payatem request for the undisputed portion is in proper order. Proceedings to resolve the
dispute will be commenced within forty-five 145/ business data after the dale 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 Milli 1601 business days after the date on which the payment request was
recorded us being received by City. Such procedures do not constitute an administrative
proceeding that prohibits a court from deciding de nova any action arising out of the dispute.
13.5 Payments to Subcontractors. When Contractor receives from City any payment for Services
covered under the Agreement, Contractor must nn% such moneys meeived to each
subcontractor or supplier, and employees in proportion to the percentage of the Services
completed by each subcontractor, supplier, or employees within ten (101 business days oiler
Contractor's receipt of the payment. If Contractor receives less than full payment, then
Contractor shall be required to disburse only the funds repeived on n_lirq_retq-6nsis 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, die
subcontractor must remit payment due to those subcontractors or suppliers within seven (7)
business days after the subcontractor's receipt of payment from Contractor.
REMAINDER OF THIS PAGE INTENTIONALLY LEFF BLANK
CITY OF SEBASTIAN, FLORIDA / A THOMAS CONSTRUCTION, INC. IniOets A f
ITS 22-01 Concrete Services within the City of Sebastian 3 of 13
DocuSign Envetope ID: 5498122F-D6C64152-9860.783CE910EB5C
14. WARRANTIES.
14.1 Warrants of AbiGn 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 Contractors ability
to satisfy its obligations under the Agreement.
14.2 Warranties against Defects in Wmrkmanshin. Contractor shall warrant its Services against
defect% in materials and workmanship for a minimum period of one{1) year from acceptance of
the Services by City. Should any defects in materials, products, services or wurkmumstup appear
during the warranty period, Contractor shall replace the materials or Equipment, or repair or re -do
die materials, products, or services, immediately upon receipt of written notice from City, at no
additional expense to City. Contractor shall warrant such replaced materials, products, or
equipment, or repaired or re -done Services, for the term and extensions of this agreement, aller
acceptance of such by City's Project Manager.
14.3 Warrants of Standard Care. In die 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 care in performing its Services and
will have due regard for acceptable professional standards and principles. Contractors 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 will[ 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 performed on a mutually agreed schedule. Contractor shall and does hereby assign to City site
benefits of any of Contractor's sub consultant's or subcontractor's warranties. Such assignment
shall not relieve Contractor of ire warranty obligations; for performance or standard of care to City
under this Agreement
14.4 Warrants of Title. Title to any work product furnished by Contractor under the Agreement
shall pass to City to the extern 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 accordunce
with the Agreement, Contractor warrants that the work product furnished will be frc urtd clear
of all secure ipar—estrijima. agdggcutttbrt ;
.--o or-cleim� -f p�.a
15. PUBLIC RECORDS. Contactor will keep and maintain public records required by site City to
perform the service. Upon request from 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,
Blorida 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 possessionof the Contractor or keep and maintain public records required by City to perform the
service. If Contactor transfers all public records to City upon completion of the Agreement,
Contractor shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If Contractor keeps and maintains public
records upon completion of the Agreement, Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the information
technology system of the City. If Contactor does not comply with the City's rcqucet for public
records, the City shall enforce the provisions of the Agreement in accordance with the terms of the
Agreement and may cancel the Agreement. This provision shall survive termination of this
agreement.
CITY OFSE6ASfm,-FLORIDAlA T146It7ASCONSTRUCTION,INC. Initials_
ITS 22-01 Concrete Services within the City of Sebastian 4 of 13
DocuSign Envelope ID: 5498122F-06C84152-9860-783CE97CE85C
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO TIM AGREEMENT, CON -TACT JEANET TE
WELLIAMS, CITY CLERK AND CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN
STREET, SEBASTIAN, FL 32958; EMAIL: j@illiam a ritsufset ag;iau.vr ; PHONE: 772-388-
8215.
16. INSURANCE. During the term of the Agreemmcm. 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
cerlificate(s) of insurance, evidencing such coverage. It is the Contractor's responsibility to ensure
that the City has current Cetlifrcate(s) of Insurance at all times during the duration of the
agreement, including renewal terms.
16.1 Minimum Insurance Reouircments. Commetorshall 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 heteunderbythe contract or, his agents.
representatives, employees or subcontractors. The coverage's, limits or endorsements required
herein protect the primary interests of City, and these coverage's, limits or ealorsements shall in
0o way be required to be relied uptm when asstssing the extent or determining appropriate types
and limits of coverage to protect Contractor against any loss expostves, whether w a result of the
Project or otherwise. The requirevretas contained herein, as well as City's rehiew or
acknowledgement, is not intended to and shall not in any manner limit or qualify the
liabilities and obligations assumed by Contractor under a contract.
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
insurance to the extent required by law for all their employees to be
Worker's Compensation engaged
in work under this contract. In case any employees are to be
engaged in hazardous work wider this contract and are not
protected under the worker's compensation statute, Contractor shall
provide adequate coverage for the protection of such employees.
I
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 Compermition The
coverage shall contain no special limitation on the scope of protection afforded to the City,
its council members, officers, employees and agerni Contractor shall provide a Certificate of
Insurance to City w_,{i h_a Jh6rr1._301 _day- Up of cenceliatino and/or changes in policy
language, and tgnn,110 das two -sifcancOadmis fpLnanpannent of premium. The exrificale
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 SESASTIAN, FLORIDA / A T1 O6 CONSTRUCTION, INC. IritBels _ -
IT8 22-01 Concrete Services within the City of Sebastian 6 Of 13
DocuSign Envelope 10: 5498122F.D6C6-4152.9860-783CE910E85C
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.
16.2A 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 Oil 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. INDENINIFIC�1TfON. The CONTRACTOR or its SUB -CONTRACTORS shall indemnify and
hold harmless the CiTY, and its officers and employees, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the anent 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
uidemnitee 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 olficets, directors, agents or employees. Upon request of the
CITY, the CONTRACTOR or its SUB -CONTRACTORS shall, at no cost or expense to the CiTY,
indemnify 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 that 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 waiving its sovereign immunity pursuant to 769.28, el seq., Florida Statutes, or any
other sovereign or governmental 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 die Agreement. If such changes result in an increase or decrease in
die Contract Price, or in the time required for performance of the Services, an equitable adjustment
shall be authorized by way of a Change Order.
19. TERMINATION OF A(i{INV4E V Either party may terminate this Agreement by giving the other
party thirty (30) dais wrltte notice. In the event of termination, City will be responsible for
compensating Contractor only for those Services satisfactor % cq_ i ted4r_I+a_ iall� com�+Zted
up to the date of termination. Contractor shall not be entitled to compensation for loss 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 A&n=rnem, as stipulated by the State of Florida and the
City of Sebastian.
CITY OF SEBASTIAN, FLORIDA! A. THOMAS CONSTRUCTION, INC. InWa s
ITB 22-01 Concrete Services within the City of Sebastian 6 of 13
DocuSign Envelope ID: 5498122F-D6C6.4152-9860.783CE910EB5C
21. ADDITIONAL TERMS AND CONDITIONS ralphabetically 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 performaance of the Agreement,
unless City expressly waives such secondary liability.
21.2 Bankruntev or Insolvency. 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 Comullanee with Laws. Contractor shall comply with all laws, rules, codes, ordinances,
and licensing requirements that arc applicable to the conduct of its business, including those or 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 Commercial Code, the
Immigration and Arationalization Act, the Americans with Disabilities Act, the United States
Occupational Safety 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 termination 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
tetmre, or for two t2) years thereafter, has any interest, direct or indirect.
21.5 Correction of Services. Contractor shall promptly remove from the premises all Services
rejected by City for failure to comply with die Contract Documents, whether incorporated into the
Project or not. Contractor shall promptly, in accordance with Contract Documents, replace and te-execute
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 eroense. 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 City 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
Intel, state or federal agencies.
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CITYOFSEBASTIAN, FLORIDA /A.THOMASCONSTRUCTION, INC. Initials_-�_ _
ITB 22-01 Concrete Services within the City of Sebastian 7 of 13
DocuSign Envelope 1D: 5498122F-D6C6-4152-9860-783CE910EB5C
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 commission of embenlement, 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 duce -year
period preceding execution of this Agreement had one or more public transactions (Federal, Stale or
local) terminated for cause ordefrnilr, and (5) will advise City immediately if their status changes and
will provide an explanation for the change in status.
21.8 Discriminators 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 an 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 Imitation 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, CITY 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
governmental 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 Ims the right to
reject, for any reason, Contractor's use of any particular disposal facility. Refer to Section 4.12
Clean Up in die 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 tern "property' 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, taps, 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 die 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 parties without the written consent of City.
21.12 Dirac Free Workplace. Contractor certifies that it has in place a Drug -Free Workplace Program
in accordance with the Dnig-Free Workplace Act of 1988 (41 U.S.C. 702-706). Refer to Form J
submitted with Bid.
CITY OF SEBASTIAN,FLOBIDAljCTf OMA$CONSTR CTION,INC. initials__
ITB 22-01 Concrete Services within the City of Sebastian 8 of 13
DocuSign Envelope ID: 5498122F•D6C6.4152-9860-783CE910EBSC
21.13 Entalovees, Subcontractors and Averts. All Contractor employees, subcontractors, and agents
performing any of the Somas under die 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 administrative requirements of City. City may conduct, and Contractor shall cooperate in.
a security background check or othetwise assess any employee, sub -contractor, and agent of
Contractor. City may refuse access to, or require replacement oL any of Contractors cmployee(s),
subcontractor(s) and agent for cause, including, but not limited to, technical or training qualifications,
quality of services, change in security stalm, or non-complimrce with City's security or other
requirements. Such refusal shall not relieve Contractor of its obligation to perform all Services in
compliance with the Agrcetumu. City may reject and bar from any facility for cause any of Contractor's
employees, subcontractor, or agents. City shall have the right to review and approve any sub -contractor
used by Contactor. 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 COntnCtOrs responsibility to
atst rc that their subcontractors are property licensed to do business in the State of Florida and City of
Sebastian. as required by law.
ALL y✓O ERS MUST Iiik SUFFICIEN l�_MTQW_J�EDGE . SIC.ILL AND EXPERIENCE TQ
PRO_') itLY gERFORhi LW _AS�f rNED TO 1TWM _ ALL WORKE[L�_M1)S7 RAVE
PROPER FDQT SAFLTY VESTS QR SAFETY �Hi l$ DITRL ANY CON9RI7 .ST�GJNP
QF NIQT OR CLEAN-UP RATION_
21.14 Equal Employment (9pormnity. Contractor shall post discriminate on the basis of race,
color, sex, age, national origin, religion, and disability or handicap in accordance with the
Provisions of: 711le VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 el seg.), Title I'll of file
Civil Rights Act of 1968 (42 U.S.C. § 3601 el seq.), Florida Civil Rights Act of 1992 (§ 760.10 el
seq.), Tide 41 CFR Pav 60 for compliance wills Executive Orders 11246 and 11375, Tide 49 CER
13 and 771le 49 CFR 16 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975
(42 U.S.C. § 6101. et seq.). Rile 49 CFR 21 and 71de 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 fin-nish 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 muy 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 catered 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- mracts that may in turn be made. Contractor shall comply with all state laws
and local ordinances.
21.15 E-Verification Ststem. Contractor shall comply with Executive order No.
12989 as amended and Executive Order No. 11-116, and agrees to utilize the U.S. Department of
Homeland Security's E-Verify system, L, to verify the employment
eligibility of. (1) all persons employed by Contractor during 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 mating the terms mid conditow of tie E-
Verify System are deemed to be in compliance with this provision.
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CITY OF SEBASTIAN, FLORIDA /!t. THOMAS CONSTRUCTION, INC.
ITS 22-01 Concrete Services within the City of Sebastian 9 of 13
DocuSign Envelope ID: 5498122F-D6C6-4152-9860.783CE910E85C
21.16 Force 1Haleure Event. Neither patty shall be considered to be in default in the Performance
of its obligations tinder 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 Mgjoure Event"). If a party is prevented
or delayed in the performance of any such obligations by a Force Majeu re Event, such party shall
immediately provide notice to the other party of Ore 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 F-vent 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 heather conditions), pandemic, war, riot,
or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods
21.17 Governlnr Law 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 die 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 'r0 ACCEPT ANY SUCH ALTERATION OR TO CANCEL THE
AGREEMENT AT NO FURTHER EXPENSE TO CITY.
21.19 inmderatlun and Nationalltt 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
die 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 die
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 lnsnectfon. Performance. SuVervhdon. 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
impertions performed by City, shall not be construed as a final approval of Contractors Service,
and shall not relieve Contractor from its obligations under die 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 Elie 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 snake an investigation either before or
after award of the Agreement, but should City elect to do so, Contractor is not relieved from
fulfilling an agreement requirements. Gcnractpr shall sw crvise anJ.diNclsfttsffuma; Q iis
Services and shall_ a 34it11 reap lr?8ibjt for the mentis,att9thQds, L_ _ aligs. sAggenye§,,pgd;pJ;�11
of construction and o+Let�tiony. Contr�ctnr will erny+lol.a_r1(1 tLmlplgpi g[Lre_proitQt..SitQ�.luelified
suix rveinr or sulrcTie nt _ who _shall have been dojlsgss:d - in KTil n__b� Cunlmctor_es_ tb_e
Cont mmlor's re�gesentgtivc at._the;_Prp*I Site. The supervisor or superintendent shall have full
Authority in act on behalf of Contractor and all t-unmtunications given to die supervisor or
superinendent shall be as binding as it' given directly to Contractor. The supervisor or superintendent
shall be iresent on d . Project Site at all time* As requirexi to perform adequate sul_`enisiop in
coordionhun of the Contractor's Services.
CITY OF SEBASTIAN, FLORIDA/ A. THOMAS CONSTRUCTION, INC. Initials fi
ITB 22-01 Concrete Services within the City of Sebastian 10 of 13
DocuSign Envelope ID: 5498122F-D6C6AI52-9860.783CE910EB5C
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 prevision 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 1; t�_sha_Il be entitled to liquidated daata&q in the am not of Kin
Hundred Fifty Dollars rS250.00n oer day for every day that the Contractor is late in comnletim,
the wq* ree itements for each V k_t�cr spullmittedJor egch RWttign._-$aid-damage .shell be
Qeduuedb theCinTfr mmgm_v u t-CgAMMi,
21.23 Lobbying 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 knovrn 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 Tua
(2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel,
entertainment, gills, meals, lodging, loans, 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 officers, 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 drat Contractor intends to do die work with its own bona fide employees 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 uivestigation 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 Clatim 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-pertbrmanceldeficiencies as
identified by the City to the Contractor shall be addressed in the following manner: 1. by verbal
communication. Performance/deficiency must be resolved by the end of the THIRD day after
verbal communication. if not; 2. Written Notice will be served to the Contmcmr.
Performance/deficiency must be corrected by the end of the ES COND day after the Contractor has
received the written notice, to tare satisfaction of the City, if not; 3. The City may have the work
performed by either its internal personnel or it 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 Prolect Site Conditions. Contractor shall be decreed to have examined Project Sitc(s), if
applicable, and to have secured full knowledge of all conditions trader which the Services are to be
executed and completed.
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CITY OF SEBASTiAN, FLORIDA / A THOMAS CONS1'R11C1'ION, INC. Inigeis_ _ �'� -
ITB 22.01 Concrete Services within the City of Sebastian 11 of 13
DocuSlyn Envelope ID: 5498122F-D6C8.4152-98a0-783CE910EB5C
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
m-&Wusible for initiating, maintaining and supervising all safety programs in connection with the
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.
21.211 Public Eotin 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; tpet not submit a bid,
proposL1, t r Mt11 An a .contragl with a public entity for the construction or repair of a public
building or public work; ma tot submit bi4. ffg owls• digs on_ leases of real pro y to a
public entity; ilia) -not be awapoe 9l .9 µ'9rk as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and !nnA2.AOLLransact b� with an% nubile
entity in excess of the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY
rWO for a period of 36 months following the date of being placed on the convicted vendor list.
21.29 Indeuendent Contractor Relmtionshlu. 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.
21.30 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 Reuortx mud 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 Security and Contidntialitl. Contractor shall comply fully with all security procedures of
City in the performance of the Agreement. Contractor shall not divulge to third parties any
information obtained by Contractor or its agents, distributors, rescuers, subcontractors, officers
or employees in the course of the provision of the Services without the written consent of City.
HOWCVer, 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
undo Slate and Fcdcrul luw as a public record. To insure confidentiality, Contractor shall take
appropriate measures as to is personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the agreement.
21.33 Severabllhy. 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 full 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 Taxes. Contractor shall pay all sales, consumer, use and oilier 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 taxes levied on Contractor or for any taxes levied on Contractoes employees, wages. City
is a political subdivision of the State of Florida and holds a State of Florida Sales Tax Exemption
Certificate. All purchases made by City directly from a dealer, distributor or manufacturer for
materials, equipment or supplies ("direct purchase"), instead of through the Contractor, are exempt
from sales, consumer, use and nther similar taxes.
CITY OF SEBASTIAN, FLORIDA / A. THOMAS CONSTRUCTION, INC. Inilats ___. f
ITS 22-01 Concrete Services within the City or Sebastian 12 of 13
DocuSign Envelope ID:5498122F-D6C6d152-9860-783CE910EB5C
21.36 Waiver. The delay or failure by City to exercise or enforce any of its nglris under this
Agreement shall not constitute or be deemed a waiver of City's right thercelter to enforce those
rights, nor shall any single or partial exercise of any such right preclude the Oty 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 she is duly
Authorized todoso and to bind the respective parry to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day
and year noted above.
ATTEST (SEAL):
nape Williams, MMC
TY CLERK
Approved as to form and legality for
Reliance by U1e City of Sebas* only:
THE CITY OF SEBASTIAN, FLORIDA:
BY.(
aul E. Carlisle, CITY MANAGER
m�mq��a4:: THOMA5 CONSTRUCTION, INC.
[w� I uunla5
V?J407c74s9
Andrew Thomas, PRESIDENT/OWNER
CITY OF SEBASTIAN. FLORIDA! A THOMAS CONSTRUCTION, INC-
ITE 22-01 Concrete Services within the City of Sebastian
nos
llfi
initials
13 of 13
DocuSign Envelope ID: 5498122F.06C6-4152-9860.783CE910EB5C
1
Technical Specifications
Annual Concrete Work Contract
SECTION 6
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 will have a work order prepared by
the City which will oulfine 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 Ste 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
Transportation Standard Specifications for Road and Bridge Construction, 2019 - 2020.
or the latest edition, Sections 345: for Class I concrete 3000 psi (minimum 28 day
breaking strength in accordance with ASHTO Uq with polypropylene fiber mash (1-
1/2bs/CY) thoroughly and uniformly mixed throughout.
c. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor or
the city and compacted (950/4 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 lop of a prepared subgrade. All fors shall be set true to line and grade, and
held rigidly in position to resist the pressure of poured concrete without springing. They
shall be straight and free from warps and bends,
22
DocuS:gn Envelope ID: 5498122F-D6C6-4152-9860 783CE910Ea5C
d Expansion joints: Asphaltic fell expansion joints, (MOT current procedures are required
with type II barricades and signege on all driveway and sidewalk closures). A" wide by 3-
1/2" deep are to be placed at specified Intervals. They shall be rigidly held In place during
the placement of concrete.
e. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a
carbide or diamond tip blade. Each joint shall be approximately W'%M6' 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.
I. All concrete shall be installed in accordance with FDOT 2010 — 2020, or the latest
edition.
g. Driveways will be a minimum of 4" thick with a 6" thick tooter, 1 foot wide at the
edge of road pavement. Driveways will vary in width and length.
END OF SECTION
23
DocuSign Envelope ID: 5498122F-D6C6.1152-9860-763CE910Ea5C
f:IF1TBIT F. REBID PROPOSAL. PRICE FORM
9.k!9jjQ!K -r.
After having examined all specifications, Contract/Agreement Documents, and other documents rely
to the Invitation to Bid, I, the undersigned, hereby propose to perform everything required to be perform
in strict conformity with the requirements of these documents, and to provide and furnish all
equipment, hrbor, and materials necessary to provide annual concrete work meeting or exoeeding
specifications as set forth herein for the unit prices as stated below. The price quoted below includes
addenda which may be Issued. If there Is any Item you wish not to bid on please write "NO BID'
the Price per Square Yard column. Ouanldy o1 work shall be based upon each indivldw!l purchase or
(rem Vm Cii:.
ANNUk1, Gp)j%E ELF, L�f�RK Ati DESCRIBED
Concrete puantitv I I Labori6v rbead Cost uuggr U
(Material Cost Excluded)
How taNly k.l ISy I
Concrete sew and Removal W) I1- 60 ! SY
Concrete saw and Removal (4") i -100 ISY
Concrete saw and Removal (4") I101 < I SY
Concrete Removal and replace; VJ/Fiber(4")' 1.60 I SY
Concrete Removal and replace VV1Fibcr(4")"
!0� 109
I SY
Concrete Removal and reolacc W/FI"-rW)'
oic
19Y
11
Concrete W1Fibert4'1`
W
5Y
! Concrete W/Fiber(4')'
I i 10D
I Sy
I Concrete W/Fiber(47
IWO:
I
I
�
I Concrete saw and Removal I.i)
!i 1
SY
! Concrete saw and Removal fn
ICS 107
Sy
I Concrete saw and Removal W1
h(n<
SY
I Concrete Removal end replace Wriber(6')`
%
SY
I Concret Removel end reolooe W/Fibcr(6")'
IM400
by
Concrete Removal and replace W/Flber(61'
11W
Str
Concrete W/Fiber(6')'
Im
51
I Concrete W/Mber(6"1-
I817D0
18Y
I Concrete W/Flber(87
i4014
SY
I
I MISC Concrete°
'
11-6
Cy I
I MISC Concrete°
lu-10
ICY
MISC Concrete"
ItO546
I CY
MISC Concrete'
I1mv
I Cy
MISC Concrete'
120<
I cy
Drivewov Culvert Reolacement (6" ADS")
1
I LF
I Drivevmv Culvert Replacement (11)"ADS")
1
I LF
I Driveway Culvert Reolacement (IrADS'1
I
I LF
I Drivevmv Culvert Replacement (WADS-1
1
LF
Driveway Culvert Reolacement (116"ADS")
if
LF
REMINDER: ONLY $ AMOUNTS SHOULD FEE rROMDED
24
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2 -1
.15
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70
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,I 4
DwuSign Envelope ID: 714565B3-BD19-4DBF-AO81.1570FO1CB3EO
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 full
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
iess graham(&,cityofsebastian.ors .
We value your association with the City of Sebastian.
Sincerely,
Dnou9lpmE by -
Procurement Cam`
Jessica ,ra�I°ia�m�, 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.
oo ftn.a by:
l ^ i u on+aS
Andrew K61as, Presid
ent/owner
Brian Benton, City Manager
2/7/2024 1 5:25:09 PM EST
Date
:? 21 a 0.)
Date