Contract 2020-041ADocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1 #2020-41-A
AGREEMENT NO. 2020-41 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 CEMEX CONSTRUCTION
MATERIALS FLORIDA, INC. d/b/a CEMEX, INC., whose address is: 16000 Johns Lake
Road, Clermont, FL 34711, (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
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
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
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.
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
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
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agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
I. 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
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
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: Cemex, Inc.
16000 Johns Lake Rd.
Clermont, FL 34711
Attn: Brooks Ferrante, Area Manager
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
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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. Assigpment. 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.
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.
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
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
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.
CONTRACTOR's May 21, 2020 response to RFB 20-024.
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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:
L DocuSigned
by:
� A� Howe
Tracy Ackroyd Howe, City Clerk
Cemex Construction Materials Florida, Inc. d/b/a Cemex, Inc.
DocuSigned
(SignUU
ature
Brooks Ferrante Brooks Ferrante Area Manager
(Name & Title Printed or Typed)
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DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
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
Concrete Mix: Five (5) Sack Mix, Class A, 3,000/psi/ w/Fiber
�1 tag/Lo
2
Concrete Mix: Six (6) Sack Mix, Class A, 4,500/psi.
Concrete Mix: Seven (7) Sack Mix, Class A, 5,000/psi.
Z�I/
3
i 2$/16J 3
4
Short Load: Less than Five (5) Yard Load, Delivered Charge
Flowable Fill: Low Strength (Max 100/psi., Excavatable)Iv'�/
NA
5
6
Flowable Fill: High Strength (Min. 125/psi., Non-Excavatable)
11Vy� 3
Provide name brand of product bid above: N/A
Optional Materials:
Quick Set Additive (1 %) $ /Cubic Yard
Fiber Mesh: $ /Cubic Yard
Plasticizer: $ /Cubic Yard
Related Fees:
Fuel Surcharge $_
Environmental Charge A- $ 20
5o
RFB No: 20-021
Page 11 of 29
Type: ���
Bid 20-021
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
City of Clermont Bid 20-021
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): C E M E x
Street Address: 1 13 ODD J rn �t 3LO
Mailing Address (if different):
Telephone: LIof 7 Z 0 3-Z Fax: 0A
Email: b rooKS L , �'e c r ah` �OA"n Payment Terms: % days, net
FEIN: � - 3U 6 q-C>6 C6 Professional. License No.:
Signature: Date: _ _ &n..kI lc.
Print Name: Q+oof CT r-eCMA-e- Title: Ares mc,A&y-Q<
Does the respondent accept payment using the City's MASTERCARD? OQ Yes ❑ No
END OF SECTION - C
k-
RFB No: 20-021
=� Page 12 of 29
3/24/2020 6:02 AM p.15
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
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
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
CONTRACT APPROVAL FORM
TO: DARREN GRAY, CITY MANAGER DS
FROM: FREDDY SUAREZ, PURCHASING DIRECTORS
SUBJECT: READY -MIX CONCRETE SERVICES
DATE: JUNE 5, 2020
THE PURCHASING DIRECTOR RECOMMENDS THE FOLLOWING
1. APPROVE: Agreement between the City of Clermont and Cemex Construction Materials
Florida, Inc. d/b/a Cemex, 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
APPROVAL AUTHORITY
Approved ® Disapproved ❑
Reason/Suggestion (If disapproved)
DocuSigned by:
City Manager 6/12/2020
Ignature Title Date
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DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
BiclSync: Bid Tabulation Report
Bid #20-024 - Ready -Mix Concrete Services Re -Bid
Creation Date Apr 27, 2020
Start Date Apr 27, 202011:57:06 AM EDT
End Date May 21, 2020 2:001)0 PM EDT
Awarded Date Not Yet Awarded
central florida readymix
$250.00 (616 items)
Bid Contact don owens
Address 608 s main ave.
cflreadymix@embargmail.com
minneola, FL 34715
Ph 352-394-1878
_
Agency Notes:
Supplier Notes:
T
Rem # Line Item
Unit Price
Qty/Unit
Total Price
20-024-01-01
Concrete Mix: Five (5) Sack Mix, Class A, 3,000/psV w/Rber - First Offer
$120.00
1/each
$120.00
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes:
20-024--01-02
Concrete Mix: Six (6) Sack Mix, Class A, 4,500/psi. - First Offer
$130.00
1 / each
$130.00
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes:
20-024-01-03
Concrete Mix: Seven (7) Sack Mix, Class A. 5,000/psi. - Rrst Offer
$0.00
1 / each
$0.00
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes:
20-024-01-04
Short Load: Less than rive (5) Yard Load, Delivered Charge - First Offer
$0.00
Supplier Product Code:
1 / each
_ $0.00
Product Code:
Agency Notes:
Supplier Notes:
20-024-01-05
Flowable RII: Low Strength (Max 100/psi., Excavatable)- First Offer
$0.00
1 / each
$0.00
Product Code:
Supplier Product Code.
Agency Notes:
Supplier Notes:
_
20-024-01-06
Plowable RII: High Strength (Min. 125/psi., Non-Excavatable)- First Offer
$0.00
1 / each
$0.00
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes:
CEMEX
Bid Contact Brooks Ferrante
brookscferrante@ce mex.com
Ph 239-941-0518
Qualifications W-9
Bid Notes PLEASE SEE ATTACHING PRICE SHEET
AgencyNotes:
Rem # Line Item
Address 1406 Atlanta Ave
Orlando, FL 32806
Notes: PLEASE SEE ATTACHING PRICE SHEET
Unit Price I Qty/Untt
$599.00 (6/6 items)
Total Price
$128.00
20-024-01-01
Concrete Mix: Fve (5) Sack Mix, Class A, n,uuwpw mr—i - rnowoe,
$128. 1 eac I
Product Code:
Supplier Product Code:
AgencyNotes:
Supplier Notes:
FOR 1 YARD, TOTAL PRICE FOR 10 YARDS INCLUDING FEES NO TAXES $1495
20-024-01-02
Concrete Mix: Six (6) Sack Mix, Class A 4,500/psi. - Rrst Offer
$124.00 1 /each $124.00
Product Code:
Supplier Product Code:
AgencyNotes:
Supplier Notes:
FOR 1 YARD, TOTAL PRICE FOR 10 YARDS INCLUDING FEES NO TAXES $1455
20-024-01-03
Concrete Mix: Seven (7) Sack Mix, Class A, 5,000/psi. - First Offer
$128.00 1 / each $128.00
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes:
FOR 1 YARD. TOTAL PRICE FOR 10 YARDS INCLUDING FEES NO TAXES $1495
20-024-01-04
Short Load: Less than Five (5) Yard Load, Delivered Charge - First Offer
$0.00 1 / each $0.00
Product Code:
Supplier Product Code:
Agency Notes:
Supplier Notes: WE DO NOT HAVE ASHORT LOAD FEE. MIN SIZE LOAD 1 CUBIC YARD
20-024-01-05
Flowable FiII: Low Strength (Max 100/psi., Excavatable) -First Offer
$107.00 1/ea ch _ $107.00
I ProductCode:
Supplier Product Code:
Agency Notes:
Supplier Notes: FOR 1 YARD, TOTAL PRICE FOR 10 YARDS INCLUDING FEES NOTAXES $1285
20-024-01-06
Flowable RII: High Strength (Min. 125/psi., Non-Exravatable)- RrstOffer
$112�00 1 / each $112.00
.
Product Code:
Supplier Product Code:
.AgencyNotes:
jSupplier
Notes: FOR 1 YARD, TOTAL PRICE FOR 10 YARDS INCLUDING FEES NO TAXES $1335
Close Print
https://www.bidsync.com/DPXReports?ac=bidreview&auc=2055634&byvendor=y&awardrec=Y&showpopup=n 1/1
DocuSign Envelope ID: 287CBA2F-C93E-44E5-9689-28077562E8C1
1
CLERMONT
Choice of Champions`
AWARD RECOMMENDATION
FREDDY L. SUAREZ
Purchasing Director
Purchasing Department
MAY 27, 2020
RFB 20-024 READY -MIX CONCRETE SERVICES RE-L
352-241-7350
fsuarez@clermontfl.org
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