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Home My WebLink About2025 Agreementan n, SEBN HOME OF PELICAN ISLAND FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND HEAVY CIVIL INC. This Amendment to the Agreement ("Amendment') is hereby made and entered into this 12th day of August , 2025, between the City of Sebastian, Florida, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and HEAVY CIVIL INC. ("Contractor'). WITNESSETH WHEREAS, the City and Contractor entered into an Agreement on August 28, 2024, for the provision of Concrete Services ("Agreement"); and WHEREAS, the Parties now desire to amend the Original Agreement to: (1) provide for a one-year extension of the contract term, (2) incorporate additional contract terms, (3) incorporate required statutory affidavits, and (4) incorporate a rate adjustment. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED HEREIN, THE PARTIES AGREE TO THE FOLLOWING: AGREEMENT 1. The above recitals are hereby adopted as true and correct, and found to provide the intent of this Amendment. 2. The terms of the original Agreement are hereby restated and incorporated herein by this reference. In the extent of a conflict in terms, the terms of this First Amendment shall supersede. 3. The Term is hereby extended by one year, to expire on August 29, 2026. 4. Attached "Exhibit A" shall be effective once the last party executes this document. 5. Attached Exhibits "B" and "C" shall be effective August 29, 2025. 6. Except to the extent specifically provided above, this First Amendment shall not be interpreted or constructed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the original Agreement. 7. In all other respects except as modified herein, the terms of the original Agreement shall remain in force and effect. Heavy Civil Inc. 24-174TB Amendment 1 Pagel of 10 Document ID: 62E12B36B10B1D09264277DE038FBFB0 Utl OF SEEN HOMEOF FFLICAN ISLAND IN WITNESS WHEREOF, and in acknowledgment that the parties hereto have read and understood each and every provision hereof, the parties have caused this First Amendment to be executed as of the date first written above. HEAVY CIVIL INC. By: Todd Kneis1el, President Date: L4 l V ATTEST �Teazelte ID: F45937B4 4AFD40A2-BECC 4"D2CF... Digltallysigned by <iwilllams@C 0 sebastlan.or ASAN. to ili�1I ams, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. ID: A02700AO D8034FDD-ABE3 05189... Dtall l db �ar ZWe��3 ;croft, Esq. City Attorney Heavy Civil Inc. 24-174TB Amendment 1 CITY OF SEBASTIAN, FL M- ID: 679A B20-9F1847A 98BB4133D6AC... Digitally signed by <bbent0n@tiyofsebastian.org> ugu5118 @S 1:1/A �I Man en on, Ity Manager Date: 08/18/2025 Page 20f 10 Document ID: 62E12B3661061D09264277DE038FBFBO CO, O, SE$�N NOME OF PELICAN ISLAND Exhibit "A" Statutory Affidavits Heavy Civil Inc. 24-174TB Amendment 1 Page 3 of 10 Document ID: 62E12B36B10B1D09264277DE038FBFB0 mim f13ASTL HOME OF PELICAN ISLAND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form") is required by Section 287.138, Florida Statutes ("F.S."), which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response or otherwise entering into a contract with the City. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed Affidavit is submitted to the City. 1 l &V \/ l it V 1 I I A( • does not meet any of the criteria set forth in Paragraphs 2 (a) — (c) (Bidder's/Propoisees Legal Company Name) of Section 287.138, FS. Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Print Name of Bidder's/Proposer's Authorized Representative: Title of Bidder's/Proposer's Authorized Representative: Signature of Bidder's/Proposers Authorized Representative: Date: J "�V Z" , w %5 Heavy Civil Inc. 24-17-ITB Amendment 1 T dJ kvi-e-i Se,l I�rtiS t ct f.`n� Page 4 of 10 Document ID: 62E1263681061D09264277DE038FBFBO SEBN xo� or reuc 0 HUMAN TRAFFICKING AFFIDAVIT In compliance with Section 787.06(13), Florida Statutes, this affidavit must be completed by an officer or representative of a nongovernmental entity that is executing, renewing, or extending a contract with the City of Sebastian (the "Governmental Entity'). The undersigned, on behalf of the entity listed below (the "Nongovernmental Entity'), hereby swears or affirms as follows: 1. 1 am over eighteen (18) years of age. The following information is based on my own personal knowledge. II 2. 1 am an officer or representative of -(AV u l_ i V I I l t C a Nongovernmental entity, and I am authorized to proSide this affidavit on behalf of the Nongovernmental Entity. 3. Neither Nongovernmental Entity, nor any of its subsidiaries or affiliates, uses coercion for labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes, as may be amended from time to time. 4. If, at any time in the future, Nongovernmental Entity does use coercion for labor or services, Nongovernmental Entity will immediately notify Governmental Entity, and no contracts may be executed, renewed, or extended between the parties. 5. Nongovernmental Entity has read the foregoing attestation, confirms that the facts stated in it are true, and is made for the benefit of, and reliance by, Governmental Entity. 6. This declaration is made pursuant to Section 92.525(1)(c), Florida Statutes. 1 understand that making a false statement in this declaration may subject me to criminal penatties. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING ANTIHUMAN TRAFFICKING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE. FURTHER AFFIANT SAYETH NOT. HEAVY CIVIL INC, Company Name Authorized Signature % �;vt l i',✓5��(en S L� za, 7,oz5 Printed Name & die Date Heavy Civil Inc. 24-17-rrB Amendment 1 Page of 10 Document ID: 62El2B36B10B1D09264277DE038FBFBO an m SEB�N HOME OF PELICAN ISLAND Exhibit "B" Additional Contract Terms Heavy Civil Inc. 24-17-FTB Amendment 1 Page 6 of 10 Document ID: 62E1263661OB1D09264277DE038FBFBO SEEN Home OF PEIUC" MS NU 1.1 CONCRETE TESTING 1.1.1. Performed at the discretion of the City. 1.1.2. The Contractor shall perform concrete testing every 7 and 21 days and will take concrete samples for concrete cylinders in accordance with AASHTO T-141. Samples shall not be taken at the beginning or end of discharge. Making and curing the specimens shall be done in accordance with AASHTO T-23. Should the analysis of any test cylinder not meet the requirements of these specifications, all concrete placed from the batch represented by the cylinder shall be removed and replaced at the Contractor's expense. 1.2 UNSATISFACTORY EQUIPMENT ANDIOR SERVICES 1.2.1. The City will discuss all instances of unacceptable equipment and/or services with the awarded Contractor. The Contractor shall immediately rectify the Issue at no charge to the City, including any labor and materials as may be applicable. 1.2.2. During this time, the City may suspend service with the Contractor until the problem(s) are corrected or may elect to use another company on an emergency basis. A record of failure to perform or of an unsatisfactory performance may result in supplier debarment. 1.3 MITERED END HEADWALL Refer to Driveway Head Wall — Mitered Ends Details (see Page 9) for the headwall installation requirements. 1.4 MINIMUM STANDARDS FOR CONSTRUCTION OF DRIVEWAYS 1.4.1. If driveway construction is required under this contract, the Contractor shall follow City Code Sec. 90-86. Section 90-86 is included below in full. Sec. 90-86. Minimum standards for construction of driveways. Minimum standards for the construction, alteration or repair of driveways shall be as follows: (1) No driveways shall be placed within 30 feet of an intersection, such 30 feet being measured from the right-of-way of the intersection, unless plans for the construction, alteration, or repair of such driveways are submitted to the city engineer 40 days prior to issuance of permit for the approval of the city council. (2) Driveways on state roads: Heavy Civil Inc. 24-17-FM Amendment I Page 7 of 10 Document ID: 62E 12 B36B 10B 1 D09264277 DE038FBFB0 CRV OF SEBN HOME OF FEI N 151 ND No driveways shall be constructed on a state road unless the applicant shall have first obtained a permit from the state department of transportation and submitted such permit to the city engineer. b. The minimum standards shall be the minimum standards set out by the state department of transportation. (3) Driveways on nonstate roads where curb and gutter are in existence: a. Applicant shall maintain existing drainage and gutter. b. Applicant shall meet sidewalk grade if existing. c. Minimum width shall be ten feet with a ten -foot radius at the intersections. d. Maximum width shall be 60 feet with a ten -foot radius at the intersection. e. Construction shall be either six inches of marl or shell rock after compaction with one inch paving on top, four inches of limerock after compaction with one inch paving on top, or four inches of concrete after compaction. f. Applicant shall rebuild curbing on the ten -foot radius, of like construction of existing curb, to a point five feet behind existing curbline. (4) Driveways on nonstate roads where curb and gutter are not in existence. a. Applicant shall maintain drainage in swale ditch. b. Applicant shall furnish minimum 12-inch pipe for drainage at least eight feet longer than driveway width, size of pipe to be specified in application for city engineer approval. Applicant shall provide a headwall on both sides of the pipe as per city standard design. c. The minimum and maximum width of construction and the material to be used shall be the same as in subsection (3) of this section with the exception of rebuilding existing curb. (5) All residential driveways shall be surfaced with concrete, pea gravel, shell or any other comparable material approved by the city engineer and shall be properly graded. All provisions of sections 26-2 and 90-87 of the Code shall be complied with. (6) The property owner, or his successor in title, shall be responsible to mark the proper elevations on plans submitted to the city engineer and the property owner shall bear the cost of any changes required in such plans and construction of proposed driveways. (Code 1980, § 23-16) Heavy Civil Inc. 24-17-ITB Amendment 1 Page 8 of 10 Document ID: 62E12B36B10B1D09264277DE038FBFB0 pomp, Vigo 1 9 cts�a3 a .�9► `. 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