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Home My WebLink About2025 AgreementCm OF S143i L_140N HOME OF PELICAN ISLAND FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND PALM BAY CONCRETE & MATERIALS, 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 Palm Bay Concrete & Materials, 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. Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Page 1 of 9 Document ID: 17COB826DCAAE3D1677828CABB27A1DA CM OF SEEN HOME OF PELICAN 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. PALM BAY CONCRETE & MATERIALS, INC. In AA Noel Perdomo, Vice President Date: 7/16/25 ATTEST Jean&YA V40i a ID: 383ABDCE-EEOD-404A-9A7E-27911... PO W11 si netl aana ian.°"s, MMC City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. ID: 019936E3A0504CA2A760-D97F6... D MINs etl 9g6n � 5-, a2AFroft, Esq. City Attorney Palm Bay Concrete & Materials, Inc. 24-17-I-B Amendment 1 CITY OF SEBASTIAN, FL M ,_R9.4zeV 436169121 ID: UQAESC-6a1641)88-11*6463C5... D Italty si ned by en on o 5 bastlan N, QQNk�iiY Manager Date: 08/18/2025 Page 2 of 9 Document ID: 17COB826DCAAE3D1677B28CA8B27A1DA CPIV OF $EBIM HOME OF PELICAN ISLAND Statutory Affidavits Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Page 3 of 9 Document ID: 17C0B826DCAAE3D1677B28CABB27A1DA CITY OF SEB�AN HOME OF PELICAN ISLAND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form") is required by Section 287.138, Florida Statutes ("F.S."), which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response or otherwise entering into a contract with the City. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed Affidavit is submitted to the City. PALM BAY CONCRETE & MATERIALS INC does not meet any of the criteria set forth in Paragraphs 2 (a) — (c) (Bidder's/Proposer's Legal Company Name) of Section 287.138, FS. Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Print Name of Bidder's/Proposer's Authorized Representative: Title of Bidders/Proposer's Authorized Representative: Signature of Bidder's/Proposer's Authorized Representative: Date: Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Vice President Page 4 of 9 Document ID: 17C0B826DCAAE3D1 677B28CA8B27A1 DA CH V OF SE$N QMW HOME OF PELICAN ISLAND Exhibit "B" Additional Contract Terms Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Page 6 of 9 Document ID: 17COBB26DCAAE3DI677B28CABB27A1DA CM OF HOME OF PELICAN ISLAND 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. 2. 1 am an officer or representative of , a Nongovernmental entity, and I am authorized to provide 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. I understand that making a false statement in this declaration may subject me to criminal penalties. 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. PALM BAY CONCRETE & MATERIALS, INC. Company Name 9�1 Auth izVddlulre Noel Perdomo Printed Name & Title 7/16/25 Date Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Page 5 of 9 Document ID: 17C0B826DCAAE3D1677B28CA8B27A1DA CITY OF SEEN HOME OF PELICAN ISLAND 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 AND/OR 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: Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Page 7 of 9 Document ID: I7COB826DCAAE3D1677B28CASB27A1DA n�soi SEBAsTI�N 1V HOME OF PELICAN ISLAND a. 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 Iimerock 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) Palm Bay Concrete & Materials, Inc. 24-17-ITB Amendment 1 Page 8 of 9 Document ID: 17C0B826DCAAE3D1 677B28CA8B27A1 DA Driveway head Wall - Mitered Ends Detail DRIVEWAY SHALL BE CONCRETE WITH WIRE MESH OR FIBER MESH -TYPE CONCRETE. v' STANDARD HEADWALL FOOTER DETAIL FOOTER DIM 8' WIDE 8' DEEP' CULVERT SIZE VARIES 12' .15. OR 18' / PA 1F,A • V`_ stw" i 5' THICK MIN E.O.P. Document ID: 17COB826DCAAE3D1677628CANVA1DA LEWIN VARIr Ir N1N� ir NtH NOTESs I 1' 11N 1. SLOPE OF 321 MUST BE MAINTAINED 4-r FROM DRIVEWAY SURFACE TO INVERT OF CULVERT. DEEPER SWALES REQUIRING MORE THAN A 6' PIPE EXTENSION FROM THE DRIVEWAY SURFACE TO THE REQUIRED 311 SLOPE SHALL HAVE A REMOTE HEADWALL. r-o• 6. 2 ALLS MUST AREAS �BETWEENIRING MCONCR WSURFACES. PLAN VIEW BE SODDED TEOTE REMOTE HEADWALL 3. NO CHANGES CAN BE MADE TO THE STANDARD DESIGN WITHOUT CITY ENGINEERING DEPT. APPROVAL THE CITY UNDERSTANDS THAT SOME DEVIATION MUST BE MADE TO FIT DIFFERENT FIELD CONDITIONS, BUT THE STANDARD DESIGN SHOULD BE FOLLOWED AS NEAR AS POSSIBLE. 4. CULVERT PIPE 1S TO BE A MINIMUM OF 12' DIA, OR GREATER IF DEEMED NECESSARY BY THE ENGINEERING DEPT, HEADWALL SIZE SHALL INCREASE PROPORTIONATELY IF CULVERT SIZE IS GREATER THAN 12' DIA. 5. CULVERT PIPE MATERIAL ALLOWED ARE CONCRETE DOUBLE WALL HDPE AND ALUMINUM ANY OTHER PIPE MATERIAL MUST BE APPROVED BY THE ENGINEERING DEPARTMENT. 6. ALL RESIDENTIAL DRIVEWAY CONSTRUCTION SHALL BE ON 95Z COMPACTED FILL, FOUR INCHES THICK, 3,000 PSI CONCRETE. THE CONCRETE SHALL BE REINFORCED WITH 6 X 6 0 10 GAUGE WIRE OR FIBER MESH CONCRETE. PER LDC 54-33-10S(e)(7) i i.i.r� �• ,�� CITY OF SBB.4ST" Alltened Buds Detail Page 9 of 10 all JI $E$��N HOME OF PELICAN ISLAND Exhibit "C 24-17-ITB Pricing Revised Per Addendum 1 Palm Bay Concrete & Materials, Inc. 2417-ITB Amendment 1 Page 9 of 9 Document ID: 17C0B826DCAAE3D1 677B28CA8B27A1 DA C►ry or KBAsTI�N HOME OF PELICAN ISLAND Bid #:24-17-ITB Bid Title: Concrete Services Item No. I Description AS NEEDED CONCRETE SERVICES 1 3000 PSI concrete, including fiber mix 2 Sidewalk, 4" — remove, form, and pour 3 Sidewalk, 4" — form and pour 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 Driveway, 4" — remove, form, and pour 9 Driveway, 4" — form and pour 10 Driveway, 6" — remove, form, and pour 11 Driveway, 6" — form and pour Unit I Unit Price Cubic Yard $ 210.00 Square Foot $ 11.00 Square Foot $ 8.08 Linear Foot $ 49.91 Linear Foot $ 47.21 Linear Foot $ 49.91 Linear Foot $ 47.21 Square Foot $ 10.79 Square Foot $ 8.08 Square Foot $ 11.46 Square Foot $ 8.78 Procurement Division :225 Main Street, Se6u i,:......:.. !29!R Phone: 772-389-8231 Document ID: 17COB826DCAAE3D1677B28CA8B27A1 DA "-"y OP S11 $AsTI�N HOME OF PELICAN ISLAND Item No. 12 13 14 15 16 17 18 19 Bid #:24-17-ITB Bid Title: Concrete Services Description 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 Unclassified excavation, sidewalk Unclassified excavation, driveway Root Grinding Unit I Unit Price Square Foot $ 11.46 Square Foot $ 8.78 Square Foot $ 12.13 Square Foot $ 9.43 Linear Foot $ 4.05 Square Foot $ 4.05 Square Foot $ 4.05 Square Foot $ 1.35 Procurement Division )225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 Document ID: 17COB826DCAAE3D1677B28CA8B27A1DA CFFY OF S 11BASTIAN HOME OF PELICAN ISLAND Item No. 20 21 22 23 24 25 Bid #:24-17-ITB Bid Title: Concrete Services Description Concrete Services Added Per Amendment 1 Concrete testing - 7 & 21 day breaks at contractor's cost Gravity Walls Miter End Headwalls - per drawing Concrete Footings Rebar Plastic Risers/Chairs Unit I Unit Price EA $ 400.00 Sq foot $ 60.00 Sq foot $ 70.00 Sq foot $ 20.00 LF $ 2.25 EA $ 0.95 11.01.::11, Division 1125 Main Street, Sebastian, FL 32959 Phone: 772-388-8231 Document ID: 17COB826DCAAE3D1677B28CA8B27A1 DA