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Contract 2020-039ADocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 CONTRACT APPROVAL FORM TO: DARREN GRAY, CITY MANAGER LDSFROM: FREDDY SUAREZ, PURCHASING DIRECTOR SUBJECT: READY -MIX CONCRETE SERVICES DATE: JUNE 5, 2020 THE PURCHASING DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Central Florida Ready Mix, Inc. to provide ready -mix concrete services for use by various city departments. The agreement shall take effect on the date of execution by both parties and shall remain in effect for two (2) years. Upon mutual agreement, the contract may be renewed for four (4) additional one-year term. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Works Department, the Purchasing Department issued a Request for Bid (RFB) to acquire a contractor to provide ready -mix concrete on an as -need basis to various departments. The estimated annual expenditures is less than $30,000. Award is being recommended to the responsive, responsible bidder who complied with all terms and conditions contained in the RFB. 4. FISCAL IMPACT: There is no estimated fiscal impact. 5. EXHIBITS: Bid Tabulation Award Recommendation Contractor Term Agreement FDocuSigned by: avvt In S. aA Signature APPROVAL AUTHORITY Approved IN Disapproved ❑ Reason/Suggestion (If disapproved) City Manager Title 6/8/2020 uate DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 • CLERMONT Chice of oChampions RESPONSE TABULATION RFB 20-024, READY -MIX CONCRETE SERVICES RE -BID DUE DATE/TIME: MAY 21, 2020 AT 2:00 P.M. (EST) *Addenda were not mandatory submittals with bid response DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 [=I=1 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 n CLERMONT Choice of Champions FREDDY L. SUAREZ Purchasing Director Purchasing Department 352-241-7350 fsuarez@clermontf1.org AWARD RECOMMENDATION MAY 27, 2020 RFB 20-024 READY -MIX CONCRETE SERVICES RE -BID Based on the results of the bid submittals, the Purchasing Department is recommending the award to responsive and responsible bidders, Central Florida Ready Mix, Inc. and CEMEX Construction Materials Florida, LLC. 685 W. Montrose Street • Clermont, FL 34711 • www.ClermontFL.gov DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 AGREEMENT NO. 2020-39 FOR READY -MIX CONCRETE THIS AGREEMENT, is made and entered into this 16th day of June 2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and CENTRAL FLORIDA READY MIX, INC., whose address is: 608 Main Ave., Suite 23, Minneola, FL 34715, (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Clermont issue RFB 20-024 titled Ready -Mix Concrete Services Re -Bid; WHEREAS, CONTRACTOR submitted its response dated May 21, 2020 to RFB 20-024; WHEREAS, CITY desires to award a contract to CONTRACTOR in accordance with the terms and conditions of RFB 20-024 and CONTRACTOR's response thereto; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish ready -mix concrete services as described in CITY's RFB 20-024 and CONTRACTOR's May 21, 2020 response thereto, which are expressly incorporated herein and made a part of the Agreement Documents hereto and shall do everything required by this Agreement and the Agreement Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. 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 as set forth in Exhibit "A", 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 for a period of two (2) years thereafter, unless terminated or renewed as provided for herein. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause 1 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR; b) if CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for four (4) additional one (1) year terms. Sixty (60) days prior to completion of each extended term of this Agreement, CONTRACTOR may request and the City may consider an adjustment to price based on changes in the Producer Price Index (PPI). ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK CITY shall authorize services to be provided hereunder by issuing a purchase order to CONTRACTOR. Prior to the issuance of a purchase order, CITY shall notify CONTRACTOR and CONTRACTOR shall begin the services. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 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 2 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 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 its 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 subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida 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 Commercial General Liability Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 as follows: (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $500,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, 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 3 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are 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.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (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 any of them may be liable, the 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: Central Florida Ready Mix, Inc. 608 Main Ave., Suite 23 Minneola, FL 34715 Attn: Don M. Owens, 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 such 2 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 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. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, 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. Public 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 cost that does 5 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 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 CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. 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. Purchase Order / Notice To Proceed 3. All documents contained in City of Clermont RFB 20-024 and any amendments thereto. 5. CONTRACTOR's May 21, 2020 response to RFB 20-024. no DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 16th day of June , 2020. City of Clermont DocuSigned by: Darren S. Gray, City Manager Attest: D S I1-t cuSigned by: Aok"y-1 H"t Tracy Ackroyd Howe, City Clerk Central Florida Ready Mix, Inc. DocuSigned by: N& h. 11WtA&S (Signature) Don M. Owens Pres. (Name & Title Printed or Typed) 7 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 EXHIBIT A SECTION — C PRICE SCHEDULE All bid prices must include any and all freight charges. All products must be shipped F.O.B., freight pre -paid, to various job sites located within City of Clermont limits on an as - need basis. 1 Description. Concrete Mix: Five (5) Sack Mix, Class A, 3,000/psi/ w/Fiber - �v 2 Concrete Mix: Six (6) Sack Mix, Class A, 4,500/psi. 1O ® o 3 Concrete. Mix: Seven (7) Sack Mix, Class A, 5,000/psi. 4 Short Load: Less than Five (5) Yard Load, Delivered Charge 5 Flowable Fill: Low Strength (Max 100/psi., Excavatable) 6 Flowable Fill: High Strength (Min. 125/psi., Non-Excavatable) Total Combined Price Provide name brand of product bid above: Optional Materials: Quick Set Additive (1 %) Fiber Mesh: Plasticizer: Related Fees: Fuel Surcharge Environmental Charge $ /Cubic Yard $ /Cubic Yard $ /Cubic Yard 3L - U" RFB No: 20-024 Page 11 of 28 Type: DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 SECTION - C PRICE SCHEDULE By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is acting in an authorized capacity to execute this response. The respondent. also certifies that it can and will provide and make available, at a minimum, the items set forth in this solicitation. Company Name (print): Street Address: r I. Mailing Address (if different):2 ! Telephone: ���. 9 Lf— Fax: Z s Email �1�'f f CAL �p� Payment Terms: / %3 days, net �® FEIN: - 7 Professional. License No.: Signature: PZV- "� Date: Print Name: Title: rf2G S Does the respondent accept payment using the City's MASTERCARD? M'Yes ❑ No END OF SECTION - C RFB No: 20-024 Page 12 of 28 DocuSign Envelope ID: BC26E937-2A17-4E57-849D-536F98F00101 SECTION — B STATEMENT OF WORK The purpose of this solicitation is to establish a term contract for the purchase of ready - mix concrete for use by various departments within the City of Clermont on an -as -needed basis. The company plant location must be within thirty (30) mile radius of City limits. The City reserves the right to make multiple awards to qualified bidders determined by the City of Clermont to have the best bid based price, delivery, experience, service and other considerations. The awarded respondent will assume full responsibility for the selection of the concrete mixture proportions and guarantee its strength. Product must be new and unused unless otherwise agreed upon by City representative. 1 — DELIVERY Awarded respondent will be required to make deliveries to designated locations within the City of Clermont, as determined by the City, within forty-eight (48) hours or receipt request of normal working hours. Mixed -on -site concrete must meet all requirements of the latest standard specification. A weight ticket for each load is required. Each ticket must contain mix design use/number, date, batch time, pickup or delivery time, gross weight, net weight, volume and total amount billed for the delivery. All weight tickets and unpaid invoices must be submitted to the Public Works Department by mail. All bid prices must include any and all freight charges. All products are to be shipped F.O.B. destination City of Clermont. END OF SECTION — B RFB No: 20-024 Page 10 of 28