2015-70 CONCRETE AND MASONRY
SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this pZLp day of 2015,
A.D., by and between the City of Clermont 685 West Montrose Street, ont, Florida
(hereinafter referred to as "CITY"), and MOTT CONCRETE, INC., 3745 Rogers
Industrial Park Road, Okahumpka, Florida 34762 (hereinafter referred to as
"CONTRACTOR").
WHEREAS, CONTRACTOR has through the public procurement process entered into
an agreement with the City of Leesburg, Florida to furnish and provide concrete and
masonry services;
WHEREAS, based on CONTRACTOR's response, City of Leesburg awarded a contract
to CONTRACTOR under the terms of Invitation to Bid 140031;
WHEREAS, CITY desires to utilize the CONTRACTOR's approved bid with City of
Leesburg in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the
terms and conditions of City of Leesburg contract 9331.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish and provide concrete and masonry services as
described in the City of Leesburg contract 9331 which is attached hereto and
incorporated herein as Exhibit "A" and shall do everything required by this Agreement
and the other Agreement Documents contained in the specifications, which are a part of
these Documents. Provided, however, that nothing herein shall require CITY to purchase
or acquire any items or services from CONTRACTOR. To the extent of a conflict
between this Agreement and Exhibit "A", the terms and conditions of this Agreement
shall prevail and govern.
ARTICLE II -THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set
forth in the Agreement documents and the Unit Price Schedule an amount in accordance
with the compensation schedule set forth in Exhibit"B", attached hereto and incorporated
herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties, and
shall remain in effect until September 30, 2016, unless renewed or terminated
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as provided for the City of Leesburg contractual agreement.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
wntten notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days wntten notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors;
d) CONTRACTOR fails to comply with any of the conditions of provisions of
this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted
prior to the effective date of termination.
ARTICLE IV- COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the
applicable purchase order.
ARTICLE V - PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make
payment to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly
certified and approved-payment invoice by the CITY for items provided and accepted by
the CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The
mediation shall be held in Clermont, Lake County, Florida, unless another
location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
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ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Flonda Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether
such operations are by itself or by anyone directly or indirectly employed by it, and the
amount of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Excess Liability, Umbrella Form $2,000,000
Each Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY
DAMAGE shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage Insurance -
The CONTRACTOR shall require each of his subCONTRACTORs to procure and
maintain-during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
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disease or death, or to injury to or destruction of tangible property
(other than the Work itself) , and (2) is caused in whole or in part by
any negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would
otherwise exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or
employees by any employee of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts anyof them maybe liable, the
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indemnification-obligations under this Paragraph shall not be limited
in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for the CONTRACTOR or any
subCONTRACTOR under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII -NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be
deemed given when received by the party to whom it is intended.
CONTRACTOR: Mott Concrete, Inc.
3745 Rogers Industrial Park Road
Okahumpka, FL 34762
Larry Mott, President
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret
any provision of this agreement, the prevailing party shall be entitled to recover
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such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this agreement.
3. Severability. If any provision of this agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,
or part thereof, shall be deleted or modified in such a manner as to make the
agreement valid and enforceable under applicable law, the remainder of this
agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this agreement may not be
modified or amended except by an agreement in writing signed by both parties.
5. Entire Agreement. This agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. This agreement is personal to the parties hereto and may not be
assigned by CONTRACTOR, in whole or in part, without the prior written
consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of
action arising out of this agreement shall be Lake County, Florida.
8. Applicable Law. This agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Records. CONTRACTOR expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records
law, to include, to:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by the CITY in order to perform the services
contemplated herein.
(b) Provide the public with access to public records on the same terms
and conditions that the CITY would provide the records and at a
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cost that does not exceed the cost provided in this Florida's Public
Records law 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.
(d) Meet all requirements for retaining public records and transfer, at
no cost, to the CITY all public records in possession of
CONSULTANT upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records
stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the
CITY.
ARTICLE X - AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this
Agreement as if herein repeated.
Document Precedence:
1. This Agreement
2. Notice to Proceed or Purchase Order
3. CITY's Purchasing Policy
4. All documents contained in City of Leesburg contract no. 9331.
IN WITNIrSS WHEREOF, the parties hereto have executed this Agreement on
this day of .N t afj) 1 2015.
City of C a ont
Gail L. Ash, Mayo
Attest:
Tracy Ackroyd, City Clerk
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Mott Concrete, Inc.
-;1 7/(4,
By:
11 ;
Printord and Title
Attest:
Corporate Secretary
(Name Printed or Typed)
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EXHIBIT A
FIXED UNIT PRICE AGREEMENT
FOR CONTRACTOR SERVICES
THIS AGREEMENT is made as of the 13th day of January in the year 2014,
between The City of Leesburg, a Florida Municipal Corporation, whose address is 501 West
Meadow Street, Post Office Box 490630, Leesburg, Florida 34749-0630 (hereinafter referred to
as the "CITY"), and MOTT CONCRETE, INC. whose address is 3745 Rogers Industrial Park
Road,Okahumpka,Florida 34762 (hereinafter referred to as the"CONTRACTOR").
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties to
this Agreement, and for other good and valuable considerations,the parties agree as follows:
1. Services. The CONTRACTOR shall furnish Concrete and Masonry Services to
the CITY as listed in Invitation to Bid 140031 and as described in ATTACHMENT "A". The
unit costs of the services shall not exceed those stated in ATTACHMENT"B"except where the
cost adjustment clause has been exercised following the Firm Fixed Price Period. Nothing
herein shall limit the CITY'S right to obtain proposals or services from other contractors for
same or similar work.
2. Labor and Materials. The CONTRACTOR shall furnish all labor, material and
equipment necessary for satisfactory contract performance. When not specifically identified in
the technical specifications, such materials and equipment shall be of a suitable type and grade
for the purpose. All material, workmanship, and equipment shall be subject to the inspection and
approval of the CITY's representative.
3. Payment. All invoices shall contain the purchase order number,date and location
of services provided quantity of services, CITY pay item number, item description and
confirmation of acceptance of the services by the appropriate City representative. Failure to
submit invoices in the prescribed manner will delay payment. Payments shall be tendered in
accordance with the Florida Prompt Payment Act, Part VII,Chapter 218, Florida Statutes.
4. Term of Agreement. The initial term of the Agreement will be through
September 30,2016.
a. Option to Renew. The CITY may renew the Agreement for an additional term or
terms not to exceed a total of three (3) additional years, if mutually agreed upon
by the CONTRACTOR and the CITY.
5. Termination. Notwithstanding any other provision of this Agreement, CITY
may, upon fifteen (15) days written notice to CONTRACTOR, terminate this Agreement with or
without cause. In the event of such termination, CITY shall be liable only for the payment of all
unpaid charges, determined in accordance with the provisions of this Agreement, for work,
properly performed prior to the effective date of termination.
6. Firm Fixed Price Period—All Pricing will be firm and fixed through September
30, 2014. Following the firm fixed price period the CONTRACTOR may request a price
adjustment as provided for in the Cost Adjustments section.
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a. Price Adjustments — Any price adjustment(s) shall be made by a written
amendment to this Agreement. Approval will be made by the Leesburg City
Commission as the approving body of this original Agreement.
7. Cost Adjustment — Pricing adjustments following the firm fixed price period
must be requested in writing by the Contractor. Any price adjustments will be firm fixed
through the following September 30th.
Unit price adjustments may be requested by the City or Contractor following the initial and
subsequent firm fixed price periods. Any unit price adjustments, increase or decrease, must be
justified using the State of Florida Department of Transportation Fuel &Bituminous Price Index
as published by the State Construction Office as the basis for the request. Use of any other
commodity indexes for price adjustments shall not be permitted.
Only those bid items affected by `commodity' pricing will be considered for an increase. All
requests for price adjustments by the Contractor must be submitted in writing to the City of
Leesburg Purchasing Manager. The vendor will be notified in writing if he price increase has
been approved. No billings,may reflect a requested price increase unless the requested increase
was approved. Any price adjustments requested by the City shall be submitted to the contact
person stated in the Agreement. Contractor shall respond with 7 business days.
The CONTRACTOR is responsible for submitting any request for price increase. Any requested
cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior
to the end of any fiscal year,currently September 30th of each year. Should the CONTRACTOR
not request a price increase prior to the sixty (60) day period the prices in effect at that time will
remain in effect for the next twelve (12) month period of the Agreement. Any approved cost
adjustment shall become effective October 1st. In the event the CPI or industry costs decline,the
CITY shall-have the right to receive, from the CONTRACTOR, a reasonable reduction in costs
that reflect such cost changes in the industry. The CITY may, after examination, refuse to accept
the adjusted costs if they are not properly documented, increases are considered to be excessive,
or decreases are considered to be-insufficient. In the event the CITY does not wish to accept the
adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Agreement
can be cancelled by the CITY upon giving thirty(30)days written notice to the CONTRACTOR.
8. Insurance. The CONTRACTOR will maintain throughout this Agreement the
following insurance: SEE EXHIBIT"A".
a. The original of each such policy of insurance, or a complete duplicate, shall
be delivered to the CITY by CONTRACTOR prior to starting work,
together with evidence that the premiums have been paid.
b. All required insurance shall be provided by insurers acceptable to the CITY
with an A.M. Best rating of at least"A."
c. The CONTRACTOR shall require,and shall be responsible for assuring that
any and all of its subcontractors secure and maintain such insurance that are
required by law to be provided on behalf of their employees and others until
the completion of that subcontractors work.
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d. The required insurance shall be secured and maintained for not less than the
limits required by the CITY, or as required by law,whichever is greater.
e. The required insurance shall not limit the liability of the CONTRACTOR.
The CITY does not represent these coverages or amounts to be adequate or
sufficient to protect the CONTRACTOR'S interests or liabilities, but are
merely required minimums.
f. All liability insurance, except professional liability, shall be written on an
occurrence basis.
g. The CONTRACTOR waives its right of recovery against the CITY to the
extent permitted by its insurance policies.
h. Insurance required of the CONTRACTOR, or any other insurance of the
CONTRACTOR shall be considered primary, and insurance of the CITY, if
any, shall be considered excess as applicable to any claims, which arise out
of the agreement,contract or lease.
i. Except for works' compensation and professional liability, the
CONTRACTOR'S insurance policies shall be endorsed to name the CITY
OF LEESBURG as additional insured to the extent of the agreement,contract
or lease.
j. The Certificate(s) of Insurance shall designate the CITY as certificate holder
as follows:
City of Leesburg
Attention: Mike Thornton,Purchasing Manager
P.O.Box 490630
Leesburg,Florida 34749-0630
k. The Certificate(s) of Insurance shall include a reference to the project and/or
purchase order number.
1. The Certificates) of Insurance shall indicate that the CITY shall be notified
at least thirty(30)days in advance of cancellation.
m. The Certificate(s) of Insurance shall include all deductibles and/or self-
insurance retentions for each line of insurance coverage.
n. The CONTRACTOR, at the discretion of the Risk Manager for the CITY,
shall provide information regarding the amount of claims payments or
reserves chargeable to the aggregate amount of the CONTRACTOR'S
liability coverage(s).
9. Indemnification. The CONTRACTOR agrees to make payment of all proper
charges for labor required in the aforementioned work and CONTRACTOR shall indemnify
CITY and hold it harmless from and against any loss or damage, claim or cause of action, and
any attorneys' fees and court costs,arising out of: any unpaid bills for labor, services or materials
furnished to this project;any failure of performance of CONTRACTOR under this Agreement;
or the negligence of the CONTRACTOR in the performance of its duties under this Agreement,
or any act or omission on the part of the CONTRACTOR, his agents, employees, or servants.
CONTRACTOR shall defend, indemnify, and save harmless the CITY or any of their officers,
agents, or servants and each and every one of them against and from all claims, suits, and costs
of every kind and description, including attorney's fees, and from all damages to which the
CITY or any of their officers,agents,or servants may be put by reason of injury to the persons or
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property of others resulting from the performance of CONTRACTOR'S duties under this
Agreement, or through the negligence of the CONTRACTOR in the performance of its duties
under this Agreement, or through any act or omission on the part of the CONTRACTOR, his
agents,employees,or servants.
If however, this Agreement is a "construction contract" as defined in and encompassed
by the provision of Florida Statutes § 725.06, then the following shall apply in place of the
aforementioned-indemnification provision:
The CONTRACTOR shall indemnify the CITY and hold it, its officers, and its
employees harmless from liabilities, losses, and costs, including, but not limited to, reasonable
attorney's fees to the extent caused by the negligence, recklessness, or intentional wrongful
conduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the
performance of this Agreement. The liability of the CONTRACTOR shall, however, be limited
to one million and 00/100 dollars,($1,000,000.00) per occurrence, and the obligation of the
CONTRACTOR to indemnify the CITY shall be limited to acts, omissions, or defaults of the
CONTRACTOR;any,contractors, subcontractors, sub-subcontractors,material men, or agents or
employees of any of them, providing labor, services or materials in connection with the project;
and the CITY, its officers; agents and employees, provided however that the CONTRACTOR
shall not be obligated to indemnify the CITY against losses arising from the gross negligence, or
willful, wanton, or intentional misconduct of the CITY, its officers, agents and employees, or
against statutory violations or punitive damages except to the extent caused by or resulting from
the acts or omissions of the CONTRACTOR, or any contractors, subcontractors, sub-
subcontractors, material men, or agents or employees of any of them, providing labor, services,
or materials in connection with this Agreement.
10. Codes, Laws, and Regulations. CONTRACTOR will comply with all
applicable codes, laws, regulations, standards, and ordinances in force during the term of this
Agreement.
11. Permits, Licenses, and Fees. CONTRACTOR will obtain and pay for all
permits and licenses required by law that are associated with the CONTRACTOR'S performance
of the Scope of Services. All permits and licenses required by law or requirements of the
Invitation to Bid will remain in force for the full duration of this Agreement and any extensions.
12. Nonappropriation. The CONTRACTOR understands and agrees that this
Agreement is subject to the availability of funds to the CITY to purchase the specified
products/services. As used herein, a "nonappropriation" shall be defined as an occurrence
wherein the CITY, in any fiscal period, does not allocate funds in its budget for the purchase of
the specified products/services or other amounts owed pursuant to this Agreement, from the
source of funding which the CITY anticipates using to pay its obligations hereunder, and the
CITY has no other funds, from sources other than ad valorem taxes, which it deems to be
available to pay its obligations under this Agreement. The CITY may terminate this Agreement,
with no further liability to the CONTRACTOR, effective the first day of a fiscal period provided
that (a) a nonappropriation has occurred, and (b) the CITY has provided the CONTRACTOR
with written notice of termination due to nonappropriation of funds.
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Upon the occurrence of such nonappropriation the CITY shall not be obligated for payment for
any fiscal period for which funds have not been appropriated.
13. Access to Records. The services provided under this Agreement may be funded
in part by a grant from a government agency other than the CITY. As a requirement of grant
funding CONTRACTOR shall make records related to this project available for examination to
any local, state or federal government-agency, or department, during CONTRACTOR'S normal
business hours. Said records will be maintained for a period of five(5)years after the date of the
invoice.
14. Contingent Fees Prohibited. The CONTRACTOR warrants that he or she has
not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR,to solicit or secure this Agreement and that he or she has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the CONTRACTOR any fee, commission,percentage, gift, or other
consideration contingent upon or resulting from the award or'making of this Agreement. In the
event of a breach of this provision, the CITY shall have the right to terminate this Agreement
without further liability and at its discretion,deduct from the contract price,or otherwise recover,
the full amount of any such fee, commission, percentage, gift or consideration paid in breach of
this Agreement.
15. Acceptance of Goods or Services. The goods delivered as a result of an award
from this solicitation shall remain the property of the CONTRACTOR, and services rendered
under the Agreement will not be deemed complete, until a physical inspection and actual usage
of the product(s)and/or service(s) is(are)accepted by the CITY and shall be in compliance with
the terms herein,fully in accord with the specifications and of the highest quality.
Any goods and/or services purchased as a result of this solicitation and/or Agreement may be
tested and/or inspected for compliance with specifications. In the event that any aspect of the
goods or services provided is found to be defective or does not conform to the specifications, the
CITY reserves the right to terminate the solicitation or initiate corrective action on the part of the
CONTRACTOR, to include return of any non-compliant goods to the CONTRACTOR at the
CONTRACTOR's expense, requiring the CONTRACTOR to either provide a direct replacement
for the item, or a full credit for the returned item. The CONTRACTOR shall not assess any
additional charge(s) for any conforming action taken by the CITY under this clause. The CITY
will not be responsible to pay for any product or service that does not conform to the contract
specifications.
In addition, any defective product or service or any product or service not delivered or performed
by the date specified in the purchase order or contract,may be procured by the CITY on the open
market, and any increase in cost may be charged against the awarded contractor. Any cost
incurred by the CITY in any re-procurement plus any increased product or service cost shall be
withheld from any monies owed to the CONTRACTOR by the CITY for any contract or
financial obligation.
This project will be inspected by an authorized representative of the CITY. This inspection shall
be performed to determine acceptance of work,appropriate invoicing,and warranty conditions.
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16. Ownership of Documents. All data, specifications, calculations, estimates,
plans, drawings, construction documents, photographs, summaries, reports, memoranda, and
other documents, instruments, information and material prepared or accumulated by the
CONTRACTOR (or by such sub-consultants and specialty consultants) in rendering services
hereunder shall be the sole property of the CITY who may have access to the reproducible copies
at no additional cost other than printing. Provided, that the CONTRACTOR shall in no way be
liable or legally responsible to anyone for the CITY'S use of any such materials for another
PROJECT,or following termination. All original documents shall be permanently kept on file at
the office of the CONTRACTOR.
17. Independent Contractor. The CONTRACTOR agrees that he or she is an
independent contractor and not an agent,joint venture, or employee of the CITY, and nothing in
this Agreement shall be construed to be inconsistent with this relationship or status. None of the
benefits provided by the CITY to its employees, including but not limited to, workers'
compensation insurance, unemployment insurance, or retirement benefits, are available from the
CITY to the CONTRACTOR. CONTRACTOR will be responsible for paying his own Federal
income tax and self-employment tax, or any other taxes applicable to the compensation paid
under this Agreement. The CONTRACTOR shall be solely and primarily responsible for his and
her acts during the performance of this Agreement.
18. Assignment. Neither party shall have the power to assign any of the duties or
rights or any claim arising out of or related to the Agreement, whether arising in tort,contract, or
otherwise, without the written consent of the other party. These conditions and the entire
Agreement are binding on the heirs,successors,and assigns of the parties hereto.
19. No Third Party Beneficiaries. This Agreement gives no rights or benefits to
anyone other than the CONTRACTOR and the CITY.
20. Jurisdiction. The laws of the State of Florida shall govern the validity of this
Agreement, its interpretation and performance, and any other claims related to it. In the event of
any litigation arising under or construing this Agreement, venue shall lie only in Lake County,
Florida.
21. Contact Person. The primary contact person under this Agreement for the
CONTRACTOR shall be LARRY MOTT. The primary contact person under this Agreement for
the CITY shall be JIMMY FEAGLE.
22. Approval of Personnel. The CITY reserves the right to approve the contact
person and the persons actually performing the services on behalf of CONTRACTOR pursuant
to this Agreement. If CITY, in its sole discretion, is dissatisfied with the contact person or the
person or persons actually performing the services on behalf of CONTRACTOR pursuant to this
Agreement, CITY may require CONTRACTOR assign a different person or persons be
designated to be the contact person or to perform the CONTRACTOR services hereunder.
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23. Disclosure of Conflict. The CONTRACTOR has an obligation to disclose to the
CITY any, situation that, while acting pursuant to this Agreement, would create a potential
conflict of interest between the CONTRACTOR and his duties under this Agreement.
24. Warranty. The CONTRACTOR agrees that, unless expressly stated otherwise in
the bid or proposal, the product and/or service furnished as a result of an award from this
solicitation shall be covered by the most favorable commercial warranty the CONTRACTOR
gives to any customer for comparable quantities of products and/or services and the rights and
remedies provided herein are in addition to said warranty and do not limit any right afforded to
the CITY by any other provision of this solicitation.
The CONTRACTOR hereby acknowledges and agrees that all materials, except where recycled
content is specifically requested, supplied by the CONTRACTOR in conjunction with this
Agreement shall be new,warranted for their merchantability, and fit for a particular purpose.
25. Risk of Loss. The CONTRACTOR assumes the risk of loss of damage to the
CITY's property during possession of such property by the CONTRACTOR, and until delivery
to, and acceptance of,that property to the CITY. The CONTRACTOR shall immediately repair,
replace or make good on the loss or damage without cost to the CITY, whether the loss or
damage results from acts or omissions(negligent or not) of the CONTRACTOR or a third party.
The CONTRACTOR shall indemnify and hold the CITY harmless from any and all claims,
liability, losses and causes of action which may arise out of the fulfillment of this Agreement.
The CONTRACTOR shall pay all claims and losses of any nature whatsoever in connection
therewith, and shall defend all suits, in the name of the CITY when applicable, and shall pay all
costs and-judgments which may issue thereon.
26. Illegal Alien Labor - CONTRACTOR shall comply with all provisions of the
Federal Immigration and Control Act of 1986 (8 U.S. Code § 1324 a)and any successor federal
laws, as well as all provisions of Section 448.09, Florida Statutes, prohibiting the hiring and
continued employment of aliens not authorized to work in the United States. CONTRACTOR
shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into an Agreement with a subcontractor that fails to certify to the
CONTRACTOR that the subcontractor is in compliance with the terms stated within. The
CONTRACTOR nor any subcontractor employed by him shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. CONTRACTOR agrees that it shall
confirm, the employment eligibility of all employees through participation in E-Verify or an
employment eligibility program approved by the Social Security Administration and will require
same requirement to confirm employment eligibility of all subcontractors.
All cost incurred to initiate and sustain the aforementioned programs shall be the responsibility
of the CONTRACTOR. Failure to meet this requirement may result in termination of the
Agreement by the CITY.
27. Counterparts. Original signatures transmitted and received via facsimile or
other electronic transmission of a scanned document, (e.g., PDF or similar format) are true and
valid signatures for all purposes hereunder and shall bind the parties to the same extent as that of
Page 7
an original signature. Any such facsimile or electronic mail transmission shall constitute the
final agreement of the parties and conclusive proof of such agreement. Any such electronic
counterpart shall be of sufficient quality to be legible either electronically or when printed as
hardcopy. The CITY shall determine legibility and acceptability for public record purposes.
This Agreement may be executed in one or more counterparts, each of which shall for all
purposes be deemed to be an original and all of which shall constitute the same instrument.
28. Authority to Obligate. Each person signing this agreement on behalf of either
party individually warrants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and bind and obligate such party with respect
to all provisions contained in this agreement.
[Signature page follows.]
Page 8
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date
indicated in the preamble to the Agreement.
THE CITY OF LEESBURG,FLORIDA
4p,
By: v, ohn
ohn hrist'i, e'��
ATTEST:
Ci Clerk
Approved as to form:
.:247)1(4%Q
City Attorney
MOTT CONCRETE,INC.
By: tLX s
Printed: �f 0147P-
Its:
(Title)
Page 9
ATTACHMENT"A"
SCOPE OF SERVICES
I. Scone of Services. The CONTRACTOR shall provide all labor,materials,supervision and
equipment necessary for manhole rehabilitation services.
II. Technical Soecificatloas, Technical specifications for this project are comprised of the section
titled`Technical Specifications' contained in the Invitation to Bid 140031.
III. General Conditions. The General Terms and Conditions from Invitation to Bid 140031 are
incorporated by reference and made a part hereof.
IV. Special Conditions. The Special Conditions from Invitation to Bid 140031 are incorporated by
reference and made a part hereof.
V. Insurance and Indemnity Requirements. The Insurance and Indemnity Requirements from
Invitation to Bid 140031 are incorporated by reference and made a part hereof.
VI. Addenda. None.
VII. Bid Submittal. The original November 25,2013 bid submittal from the vendor is incorporated
by reference and made a part hereof.
A. Unit prices submitted by the vendor are attached as ATTACHMENT"B"and are
incorporated by reference and made a part hereof.
[Rest of page intentionally left blank]
Page 10
• ATTACHMENT "B"
•
140031 -CONCRETE SIDEWALK,CURB&GUTTER
SCHEDULE OF BID ITEMS
Your Bid MUST$submitted on this form Double check the Bid prices.
Amounts cannot be changed following the Bid due date and time.
Submitting Vendor Name: Ak5rr &AI Cap-TahilG
0,...Y', •'�-4',1�,T i�iii,'ri
• ATTACHMENT "B"
140031 —CONCRETE SIDEWALK,CURB&GUTTER
SCHEDULE OF BID ITEMS(continued)
. ' aI_'M' .� F.i !V„t 71 •'.,.; ., a , 1
"7"
l ' .:= YJ ,,i'A A .r .: =�J..."40 'M'K "
(. ' �I. I ��a '. t ]+c. d„Yrt ^ • JY i33+ 1i •,' Drug,
=•Sel'itc•• y. s. tr... Mr-r.ral, 'r."... .. nal C.: °..� ,� n.... r. .. 'k :1.1;111:
NO DRIVEWAY OR TRAFFIC BEARING SURFACES
Rough grade,remove and haul off debris,install fine grade 4-inch thick concrete sidewalk,3,000 psi
with chopped fiber mesh,backfill and dress site,provide all supervision,and mobilization.
Greater than 800 Square Feet 3,000 SF _3. as
2.1
400 Square Feet to 800 Square Feet 2,000 SF 3.if 5
250 Square Feet to 400 Square Feet 2,000 SF 5.4s"
Less than 250 Square Feet 1,000 SF tis
WITH DRIVEWAY OR TRAFFIC BEARING SURFACE
Rough grade,remove and haul off debris,install fine grade 6-inch concrete sidewalk,3,000 psi with
chopped fiber mesh,backfill and dress site,provide all supervision,and mobilization.
Greater than 800 Square Feet 3,000 SF t/ B 5
2.2 Z
400 Square Feet to 800 Square Feet 2,000 SF 4. SS
250 Square Feet to 400 Square Feet 2,000 SF 111 s5
Less than 250 Square Feet 1,000 SF i!_,S 5
23 Small Job Mobilization- mobilization costs applicable to 1 000 Lump `T
small jobs of less than 250 Square Feet Sum .:30 Co
[Schedule of bid items continues next page.)
Page 12
ATTACHMENT "B"
140031 —CONCRETE SIDEWALK,CURB&GUTTER
SCHEDULE OF BID ITEMS(continued)
3.1 Curb removal/disposal 1,000 LF 1.O b
3.2 I Curb installation only FDOT Type A 1,000 LF 9 (LT
3.3 Curb installation only FDOT Type B 1,000 LF $ q
3.4 Curb installation only FDOT Type D 1,000 LF q S
3.5 Curb installation only FDOT Type E 1,000 LF Q WS
3 6 Curb installation only FDOT Type F 1,000 LF j [ , y ��
3.7 Curb installation only FDOT Type RA 1,000 LF ,o.qs
3.8 Gutter installation only FDOT Type Valley Gutter 1,000 LF /5.9S
3.9 Gutter installation only FDOT Type Shoulder Gutter 1,000 LF j 3. 75
3.10 Curb installation only FDOT Type Asphaltic Concrete 1,000 LF
Curb St.6 S
3.11 Curb installation only FDOT Type Drop Curb 1,000 I.F $ LIS"
3 12 Concrete Bumper Guard replacement 50 EA 5c /GA
3.13 Sod strip- 1 piece wide-Adjacent sidewalk- Both sides 5,000 LF tia 150 FT
3.14 Sod strip- 1 piece wide-Adjacent sidewalk-One side 2,500 LF lia) .i
3.15 Sod strip- 1 piece wide-Behind curb 2,500 LF 142).Sq
3.16 Handicap Ramp- Additional Labor-Concrete-Single 20 EA 3a S.00
3.17 Handicap Ramp-Additional Labor-Concrete-Double 20 EA 3 7 5.v U
3.19 ADA Surface treatment-Plastic matting 20 SF j 35.oU
3 20 MOT Expenses (flagman, cones,etc.) 50 HR 400. 00
for cost
DepartmentCO
!
321 1 of
Ctywill reimburse contractor oractul cost of permits.
[End Schedule of Bid Items.]
Page 13