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Home My WebLink AboutPO #11091 Pedestrian crossing rampA Thomas construction Inc city of Sebastian P.O. Box 3285 505 Airport Drive West scnumann/Baroer intersection ADA Pedestrian crossing ramp. PO Total 6410.00 ***** General Ledger Summary Section ***** Account Amount 330151-606910-A2230 6410.00 BY ACCEPTING THIS ORDER. SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS 1. ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for Immediate acceptance by the Seller. Unless promptly notified to the contrary, the City will assume the Seller accepts the order as written and will make delivery as specified on the document. 2. ENTIRE AGREEMENT. All specifications, drawings and data submitted to the Seller with this order or the solicitation of this order are hereby Incorporated herein and made part hereof. This contract contains the entire agreement of the parties. No change In quantities, prices, specifications, terms, or shipping Instructions will be allowed except on written authority of the City Purchasing Department. Any additional or different terms and conditions proposed by the Seller are objected to and hereby rejected unless specifically agreed to by the City. 3. IDEMNIFICATION. The Seller hereby agrees to Indemnify, save and held harmless the City from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of the Agreement by the Seller, its agents or employees, or due to arty act of occurrence of omission or commission of the Seller, Its agents or employees. It Is specifically understood and agreed that this indemnification agreement does not cover or indemnify the City for its own negligence or breach of contract. 4. MODIFICATION. The City may by written Order make changes In the specifications, If such changes cause an Increase or decrease in the Seller's cost or in the time required for performance of Contract: (a) the Seller shall promptly notify the City and assert its claim for adjustment within fifteen (15) calendar days and (b) an equitable adjustment shall be made by the City and the Contract modified accordingly. Nothing In this clause shall excuse the Seller from performing. S. DEFAULT. Time is of the essence of this contract and d delivery of acceptable items or rendering of services Is not completed by the time promised, the City reserves the right without liability, In addition to its other rights and remedies to terminate this contract by notice effective when received by the Seller, as to stated items not yet shipped or services not yet rendered, and to purchase substitute items or services elsewhere and charge the Seller with any and all losses Incurred. 6. TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination. Shipments sent CO.D. or freight collect without the Citys written consent will not be accepted and will at Seller's risk and expense be returned to Seller. No charges will be allowed by the City for transportation, packing, cartage or containers unless otherwise authorized in the Purchase Order. 7. UNAVOIDABLE DELAY. If the Seller is delayed In the delivery of goods purchased under the Purchase Order by a cause beyond its control, Seller must Immediately upon receiving knowledge of such delay, give written notice to the City and request a reasonable extension of time. The City shall examine the request and determine it the Seller is entitled to an extension. 8. QUANTITY. Quantities furnished in excess of those specified in the Purchase Order will not be accepted and will be held at Sellers risk and expense. 9. INSPECTION. Materials or equipment purchased are subject to Inspection and approval at the CWs destination. The City reserves the right to reject and refuse acceptance of items which are not In accordance with instructions, specifications, drawings, or data of Sellers warranty, (express or implied). Rejected materials or equipment shall be removed by, or at the expense, of the Seller promptly after refection. 10. WARRANTY. The Seller warrants that all goods and services furnished hereunder will conform in all respects to the terms and this order, Including any drawings, specifications, or standards incorporated herein, and that they will be free from latent and patent defects in materials, workmanship and title and will be free from such defects In design. In addition, Seller warrants that said goods and services are suitable for, and will perform in accordance with, the purpose for which they are purchased, fabricated, manufactured and designed for such other purposes as expressly specified in this order. The City may return any nonconforming or defective items to the Seller or require correction or replacement of the item all the time the defect Is discovered, all at the Sellers risk and expense. Acceptance shall not relieve the Seller of its responsibility. 11. REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services fumished hereunder (Including all labels, packages, and container for said goods) comply with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations as applicable, Including the Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their Intended purpose of said goods or services. Seller shall furnish 'Material Safety Data Sheets' incompliance with the Florida Right To Know taw, Florida Statute Chapter 442. 12. ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits and claims for Infringement of any patent copyright or trademark rights and shall hold the City harmless from loss on account thereof. 13. INSURANCE. The Seller shall maintain Insurance as specified or as otherwise required by the city. 14. PAYMENT. Payments will be made within 30 days of the terms of the face of this order, or the Sellers invoice, whichever are more favorable to the City and payment date therefore shall be calculated from the receipt of Invoke or final acceptance of the goods, whichever is later. 15. IDENTIFICATION. Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be sent to the address shown on the face of this order otherwise payment of Sellers account may be delayed. The Purchase Order Number shall appear on all Invoices, boxes, packages, shipping documents and correspondence, and the list of contents shall be enclosed in each box or package. 16. TERMINATION. Buyer may, at any time, terminate this order In whole or in part by written or telegraphic notice or verbal notice confirmed in writing. Upon termination for convenience of the Buyer: the Buyer will assume responsibility for specific contractual or scheduled financial commitments made prior to notice of termination. Any and all services, property, publications, or materials provided during or resorting from the Contract shall become the property of the Buyer. If, however, termination Is occasioned by the Sellers breach or any condition hereof, Including breach of warranty, or by Sellers delay, except due to circumstances beyond the Sellers control and without Sellers fault or negligence. Seller shall not be entitled to any claim or costs or to any profit and Buyer shall have against Seller all remedies provided by law and equity. 17. TAXES. The City is exempt from state and local taxes. Exemptions number is printed on the reverse side hereof. This Order shall serve as the exemption certificate. 18. LAW GOVERNING. This contract shall be governed by and construed according to the laws of the State of Florida. Bill To Requisition 00008471-00 FY 2025 CITY OF SEBASTIAN ATTN: FINANCE Acct NO: 1225 MAIN STREET 330151-606910-A2230 SEBASTIAN, FL Review: 32958 Buyer: Status: Released Page 1 vendor A Thomas Construction Inc P.O. Box 3285 Ft. Pierce, FL 34948 Tel#7722165898 Ship To city of Sebastian 505 Airport Drive West Sebastian, FL 32958 ----------------------------------------------- Date (vendor (Date [ship [ Ordered Number (Required via Terms ----------------------------------------------- 10/17/24 1002513 1 1 ----------------------------------------------- LN Description / Account 001 Schumann/Barber intersection ADA Pedestrian crossing ramp. 1 330151-606910-A2230 Ship To city of Sebastian 505 Airport Drive West Sebastian, FL 32958 Requisition Link -------------------------------- [Department ---- --------------------------- IROADS & MAINTENANCE / PW -------------------------------- Qty unit Price Net Price 1.00 6410.00000 6410.00 EACH 6410.00 Requisition Total 6410.00 ***** General Ledger summary Section ***** Account Amount Remaining Budget 330151-606910-A2230 6410.00 27948.38 TRANSPORTATION PROJECTS FUND SIDEWALKS/BIKEPATHS ***** Approval/conversion Info ***** Activity Date clerk Comment Queued 10/17/24 Margarita Macias Pending Jennifer Smith Authorized By - '/ Date: 10ll6f Zy Signature Jessica Graham A. THOMAS CONST. INC. ('GC 1511275 Andre%% Thomas 110. Box t_'S; H. Pierre. 1 I 14941%' Ullice: 772-21(i-iY98 Atcons106ar vahou.coni I{dual (lppuruuiil \IWIM September 30, 2024 City of Sebastian Lee Plourde Director of Public Works 505 Airport Drive West Sebastian, Florida (772)228-7000 Schumann/Barber Intersection ADA Pedestrian crossing ramp Form and pour ramp to meet ADA guidelines. Match layout that was in place with spray paint when viewed today. To Include full radius wrapped truncated dome installation. Includes footer/curb at road radius. 56.410.00 '�*SEBASTIAH .(ENTENNIAI (EIEBRATION EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certificale is required whenever there is Intent to have an exception made for an Emergency, Single Source or Sole Source purchase. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of a required good/service from one source because of City standardization, warranty, or other distinctive factors (provide details). A Sole Source purchase is defined as having only one practical source for purchasing the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the Procurement/Contracts Manager and City Manager DATE: II7 Oct. 2024 TO: IWessica Graham DEPARTMENT HEAD: Lee Plourde DEPARTMENT: _ Roads TYPE OF PURCHASE: Emergency C` Single Source Sole Source PROPOSED VENDOR: A Thomas Construction Inc. ITEMS OR SERVICES tADA Pedestrian Crossing Ramp REQUIRED: JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Adding ADA ramps to meet ADA guidelines, to the existing sidewalks and crosswalks project. ----CERTIFICATION OF AVAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (I) the Department has an urgent needlemergency for the purchase of the goodsiservices and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be In the public's best interest and would be detrimental to the city; (2) duo to the City's standardization, warranty or other distinctive factors only one source Is available or (3) the supplier of the goods/services requested Is the sole source supplier. Submitted: - •(� . Date: 10/17/24 Department Head Signature Approved: , N i �(...(� Date: /s/lj(w/f rah ur asmg Manager Approved: U Date: /0 Brian Benton, Ity Manager r r Procurement (Rev. 0612024)