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HomeMy WebLinkAboutR-2024-152 Concrete Asphalt Award to 4 Contractors (ITB 24-021)A RESOLUTION OF THE CITY COMMISSION OF TI{E CITY OF DANIA BEACH, FLORIDA, AUTHORIZING TTIE AWARD OF BID ITB NO .2024-O2I.O- 2024. ENTITLED .'CONCRETE CT]RBINGISIDEWALK CONSTRUCTION, MILLING AND RESLRFACING OF ASPHALT CONCRETE. STRIPING OF CIry STREETS AND PARKING LOTS. AND LANE DELINEATORS" TO FG CONSTRUCTION LLC, METRO EXPRESS INC., THE STOUT GROI,T, LLC AND WEEKLEY ASPIIALT PAVING, INC.; AND TO ENTER INTO AGREEMENTS FOR SERVICES TI{AT MAY EXCEED THE ANNUAI VENDOR THRESHOLD AMOT]NT OF FIFTY IHOUSAND DOLLARS ($5O,OOO.OO) FOR EACH FISCAI \TAR THAT THE CONTRACTS ARE IN PLACE; PROVIDING FOR CONFLICTS; FIIRTFIER, PROVIDING FOR AN EFFECTI1E DATE. WHEREAS, the Public Serv'ices Departmeot (PSD) regularly undertakes preventive maintenance includiag construction and maintenance of concrete curbing, sidewalks, as well frequent roadway milling ald resurfacing to ensure traffic safety; and WHEREAS, the City has an ongoilg need for the rapid repair ald maintenaace of cify streets and parking lots, requiring services such as striphg and the installation oflane delineators; and WIIEREAS, PSD has identified the need for speciaLized services to supplement the capacity of in-house resources, particularly for large scale or rapid response projects: and WIIEREAS, the Cif issued Invitation to Bid (ITB) 1.{o. ITB-24-021-0-2024, "Concrete Curbing/Sidewalk Construction, Milhng and Resurfacing of Asphait Concrete. Stnptng of City Streets and Parking Lots, and Lane Delineators", which was advertised widely and bids were publicly opened on August 23" 2024, with quaiiffing bids received from FG Construction LLC. Metro Express Inc.. The Stout Group LLC and Weekley Asphalt Paving, Inc.; and \I'HEREAS, PSD recommends that the City Commission approve aad authorize the execution of contracts with FG Constnrction LLC, Metro Express Inc.. The Stout Group LLC and Weekley Asphalt Paving. Inc. for the aforementioned services for a period of three years; and WEERLAS, the Dania Beach Code of Ordiaaaces, Chapter 2, Article 1, Section 2-10, "Monetary thresholds for certain purchases and palnnent disbursement authorizations", Subsection (a), sets the monetary threshold at 350,000.00 for a vendor each fiscal year. NOW, TIIER.EFORE, BE IT RESOLVED BY TEE CITY COMMISSION OF TEE CITY OF DAT\IA BEACE, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and &ey are made a part ofand incorporated into this Resolution by this reference. RESOLIITION NO. 2024- I4L section 2. That the city commission authorizes the proper city officials to execute agreements with FG constnrction LLC, Metro Express Inc., The stout Group LLC and weekley Asphalt Paving, Inc. that may exceed $50,000.00 annually under the terms of ITB No. ITB-24- O2l-O-2024,in accordance with the schedule ofcosts attached hereto as composite Exhibit "A" and made a part of this Resolution by this reference. Section 3. That funding for these proposed contracts will be appropriated from several accounts based on need, with payments to be made on an as-needed basis for services rendered' section 4. That all resolutions or parts ofresolutions in conflict with this Resolution are repealed to the extent of such conflict' Section 5. That this Resolution shall be effective l0 days after passage' PASSED AND ADOPTED ON 2024. Motion by u secon dbv ,lFINAL VOTE ON ADOPTION:Unanimous Yes No Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ABK& ATTES ELORA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BO SIS ARCH MAYOR IV 2 itfu, - E TT RNEY RESoLUTIoN #20 24-@ .{GREE}IE\T BETWEI\ TIIE CITY OF Dd\L{ BEACH, FLORIDA .{\D \IETRO E\?RESS, L\C., ..I, FLORIDA COR?OR{TION, FOR SER\ICES R.ELATD{G TO CONCRITI CTTSNG/SIDEWALf, CO:{STRTTCTION, \,IILLD{G ND RESURTACING OF.{SPE{LT CONCR"ETE, STRIPD{G OF CITY STREETS .{\D PARKING LOTS, ,L\D LANE DELII{EATORS AS FLIRTHER DESCRJBED \IfTHIN THE CITY OF D.ANL{ BEACH T.\NITATION TO BID C'ITB") NO.24-021. This is an Agreement ("Agreernent") dated , 2024, between the City of Dania Beach, Florida, a Florida municipal corporation ("Cify"). with its principal place of business located at i00 West Dania Beach Boulevard. Dania Beach, Florida 33004 and Metro Express. Inc.. a Florida corporation ("Contractor"). with its pri:rcipal 6niling address of 9390 Northwest 109 Street. Medley. Florida -33 I 78. In consideration of the mutual covenants, terms and conditions contair:ed in this Renewal. and other good and valuable consideration, the adequacy and receipt of rvhich are acknowledged and agreed upon, the parties agree to the following: 1. Scope of Services. The Contractor a grees to provide construction services ("Services" or "Work") associated with the City's Invitation to Bid (ITB) No. 24-021 "Concrete Curbing/Sidewalk Construction. Millng and Reswfaciag of Asphalt Concrete, Stnping of City Streets and Parking Lots. and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit "A", This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-button contract. by means of sealed bids. for the pwchase of concrete curbing sidervalk construction, milling and resurfacing of asphalt concrete. and the striping of city streets and parking lots as specified in 'Exhibit "A". The quantities shown on the Bid Price Proposal are approximate and only represent estinated planned requirements based on historical or specific project needs. The Ciry does not guarantee any maximum or minimum quantity. any range of quantities. or the exact quantities shown for each bid item. The City's estimated quantities and the Contractor's bid price will be used to calculate a total bid amount. This total bid amount rvill theo be used to determine the low bidder; horvever. actual payment under the arvarded contract will be based on actual quantities completed. PUSE BUTTON CONTR{CTOR SELECTION: When rvork is identified. the Contractor lvho provides all services needed and is the lowest cost for the project based on pnces submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor's response: provided, however that if there is any conflict between the terms of the Agreement and the Contractor's response to City. the Agreement is controlling. The rarking of the controlling documents is the agreement, then the technical specs. the terms of the ITB, then the Contractor's response. The Services and Costs are identified and described in the Contractor's Bid Form. as Exhibit "B" rvhich exhrbit is incorporated by reference into this Agreement. 3. The term of this Agreement shall be effective beginning October 1, 2024 through September 30,2027. 4. CONTROL OF TI{E WORK (PUSH BUTTON). Work Documents: For this Contract in rvluch specific sites are not identified at the time of lettiag. the Engineer rvill issue a Work Document. Work Documents rvill identi& the location. description, amount of work to be accomplished. and the number of calendar days to complete the rvork. Notifu the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued rvith the Notice to Proceed. The Contractor will be allorved 14 calendar days from receipt of the initial Work Document to respond and begin rvork. The 14 calendar days begin on the date the document is received in person. by email or fax. The Contractor will be expected to respond and begin work within five working days olreceipt of any subsequent Work Document. If a start date later than 5 rvorking days is identified in a Work Document. the Contractor rvill be expected to begin work by the start date identified in the Work Document. Charging of Contract time will begin on the acrual day that work begins at the site. but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Document; or 3. the "start date" identified in a Work Document (as described above) that is applicable to the specific Work Document issued. Al1 work iocations will be described with sufficient particularity that will allow the Conffactor to proceed immediately to the location with minimum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of the assigned rvork of the Work Document. noti! the Engineer. Certity that the work quantities and quality were accomplished in accordance with these specilicattons by signing and retuming the Work Document to the Deparlment. All rvork completed rvill be reviewed to veriff quantify and quality prior to approval of the Work Document. Should inclement rveather limit or stop the work. notifu the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays, stoppages and rework. 6. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunit_v bars ali claims by Contractor against the City other than claims arising out of this Agreement. Specifically, the Contractor acknowledges that it cannot and will not assert any claims against the Ciry. unless the claim is based upon a breach by the City of this Agreement. Further. the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health. safety, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition, the City retains the full extent of its sovereign imrnunity in relation to the exercise of its regulatory authority. The Contractor acknorvledges that it has no riglt and will not make claim based upon any of the following: 2 5. Maintenance of Traffic. When No Separate Item is Included in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic, all rvork and incidental costs specified as being covered under this Section will be included for payment under the several scheduled items of the overall Contract, and no separate payment rvill be made therefore. 2. (l3ims based upon any alleged breach by the City of implied warranties or representations not specifically set foflh ia this Agreement. as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obli-eations of the parties are oaly as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Ciaims upon alleged acts or inaction by the City, its commissioners. attomeys. adrninistrators. Contractors. agents, or any Contractor employee; d. Claims based upon an alleged rvaiver of any of the terms of this Agreemenl unless such waiver is rn writing and signed by an authorized representative for the Ciry and Contraetor. 7. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations reiating to this Agreement in accordance with generally accepted accounting principles. Contractor shall mai:rtain adequate records to justifr al1 charges and costs incurred in perfomring the senices lbr at least three (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives. shall have access to and the right to examile, audit. excerpt, copy or transcribe any pertinent transaction, activity. or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Brorvard County, Florida; provided that if any such material is located outside Brorvard County. then. at the City's option the City shall pay Contraclor for travel. per diem, and other costs incurred by Contractor to examine. audit. excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality ofsuch audit report( s). 8. Scrutinized Companies. Contractor shall certi$ that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725. Florida Starutes (2018). and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 2i5.4725. Florida Statutes (2018). as may be amended or revised, or is engaged in a boycott ol Israel. 9. Venfication of Employment Eligibility. Contractor represents that Contractor and each subcontractor has registered with and uses the E-Verif system maintahed by the United States Department of Homeland Security to veriff the rvork authorization starus of all newly hired employees i:r compliance with the requirements of Section 448.095. Florida Starutes. and that entry into this Agreement will oot violate that statute. If Contractor violates this section. Municipality may irnmediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Mumcipality due to the termination. 10. That in all other respects. the terms of Exhibit "A" apply to this Agreement -1 IN WTINESS OF TIIE FOREGOING, the parties have set their hand and seal the day and year hrst "lritten above. CITY OF D{NL{ BEACH, FLORID.{, a Florida municipal corporation ELORA RIERA. MMC CITY CLERK APPRO\ED AS TO LEGAI FORM AND CORRECTNESS: E\'E A. BOUTSIS CITYATTORNEY ARCHIBALD J. RYAN IV MAYOR ANA M. GARCIA. ICMA-CM CIryMANAGER -+ \\IT\ESSES:CONTRA,CTOR: ]IETRO EXPRESS, f\C. a Florida corporation S isnature Signarure PRINT Name PRINT Name Signanrre Title Dated:2024 PRI{-I \ame STATE OF FLORIDA) COL}{TY OF MIA.\4I-DADE ) The foregoing instrument tvas acknowledged before me by means of tr physical presence or E online notarization. on as 2021by Heishe is personally known to me or has produced of Metro Express, Inc., a Florida corporation. as identification. Notary Public. State of Florida Print Name My Commission Expires: .\GREE}IE\T BET\\TE\ THE CITY OF D.{\L{. BE^\CH, FLORIDA.\\D FG CO\STRT-CTION, LLC .{ FLORIDA LI}IITED LIABILITY CO]IIP.\\Y, FOR SER\:ICES RELATING 'I'O CONCR,E tf CTTRBD{G/Sil)EWALK CONSTRT-CTION, \I[LI}iG .{\D RESI'RF.\CING OF ASPIL{IT CO\CRETE. STRIPDIG OF CITY STREETS .{ND P.\RKD'IG LOTS. .{\D L,\.\E DELL\E.\TORS .{S FT.RTHER DESCRIBED \\'ITIIN{ THE CITY OF D-{\L{ BEACH [-\\'IT-\TIO\ IO BID ("ITB") \O. 21-021. This is an Agreement ("Agreement") dated _, 2024, between the City of Dania Beach, Florida, a Florida municipal corporation t'City"), with its principal place of business located at 100 West Dania Beach Boulevard. Dania Beach, Florida 33004 and FG Construction, LLC. a Florida limited liability company ("Contmctof '), lvith its prircipal mailing address of 2701 Northwest 55 Court. Tamarac, Florida 3-3309 In consideration of the mutual covenants. terms and conditions contained in this Renewal. and other good and valuable consideration, the adequacy and receipt of which are acknowledged and agreed upon, the parties agree to the following: i. Scope of Services. The Co[tractor a grees to provide construction services ("Services" or "Work") associated with the City's lnvitation to Bid (ITB) No. 24-021 "Concrete Curbing/Sidervalk Construction. Milhng and Resurlacing of Asphalt Concrete, Striping of City Streets and Parking Lots. and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit 'A". This reference to Exhibit A also includes a1l addendums and technical specifications. This Agreement is considered a push-button contract. by means of sealed bids, for the purchase of concrete curbing sidewalk coastruction. millhg and resurfacing of asphalt concrete. and the striping of city streets and parking lots as specified in 'Exhibit "A". The quantities shown on the Bid Price Proposal are approximate and only represent estimated planngd lsqrir.ments based on historical or specific project needs. The Ciry does not guarantee any maximum or minmum quantity. any range of quantities, or the exact quantities shorvn for each bid item. The City's estimated quantities and the Contractor's bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the low bidder; however, actual payment under the awarded contract will be based on actual quantities completed. PUSE BUTTON CONTRACTOR SELECTION: Whea rvork is identified- the Contractor rvho provides all services needed and is the lorvest cost for the project based on prices submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor's response; provided, however that if there is any conflict bet\.veen the terms of the Agreement and the Contractor's response to City. the Agreement is controlling. The ranking of the controlling documents is the agreement. then the techaical specs. the terms of the ITB. then the Contmctor's response. The Services and Costs are identified and described in the Contractor's Bid Form. as Exhibit "B" rvhich exhibit is incorporated by reference into this Agreement. 3. The term of this Agreement shall be effective beginning October I. 2024 through September 30, 2027. I 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract in which specific sites are not identified at the time of lettirg, the Engineer will issue a Work Document. Work Documents will identi& the location. description, amount of rvork to be accomplished. and the number of calendar days to complete the work. Noti-fu the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued rvith the Notice to Proceed. The Contractor will be allowed 14 calendar days fiom receipt of the initial Work Document to respond and begin rvork. The 14 calendar days begin on the date the document is received in person, by email or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 rvorking days is identified in a Work Document. the Contractor rvill be expected to begin work by the start date identified in the Work Document. Charging of Contract time will begin on the actual day that work begins at the site, but no later than: l. the 14th calendar day from receipt of the initial Work Document: or 2. the 5th working day from receipt of any subsequent Work Document; or 3. the "start date" identified il a Work Document (as described above) that is applicable to the specifrc Work Document issued. All work locations will be described with sufficient particularity that will allow the Contractor to proceed immediately to the location with minimum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concentrated regions so as to minimize the Contractor's travel requirements. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance w'ith the Work Document. Upon comfletion of the assigned work of the Work Document. notifr the Engineer. Certiff that the work quantities and quality rvere accomplished in accordance rvith these specifications by signing and returning the Work Document to the Department. All rvork completed will be reviewed to verifu quantity and quality prior to approval of the Work Document. Should i-nclement weather limit or stop the work. notiff the Engineer of such limitation or rvork stoppage. Schedule rvork in a mamer that prevents delays. stoppages and rervork. 5. Maintenance of Traffic. Wtren No Separate Item is lacluded in the Proposal: When the proposal does not iaclude a separate item for Maintenance of Traffrc, all lvork and incidertal costs specified as being covered under this Section will be hcluded for payment under the several scheduled items of the overall Contract. and no separate payment rvill be made therefore. 6. Sovereign Immunity. Coatractor acknowledges that the Florida Doctrine on Sovereign Immunitv bars all claims by Contractor against the City other than claims arising out of this Agreement. Specifically. the Contractor acknowledges that it cannot and will not assert any claims against the City. unless the claim is based upon a breach by the City of this Agreement. Further. the Contractor recogni.zes the City is a sovereign rvith regulatory authoriry that it exercises for the health, safety, and '"velfare ol the public. This Agreement in no way estops or affects the City's exercise of that reguiatory authority. ln addition. the Ciry retains the full extent of its sovereign immumry in relation to the exercise of its regulatory authoriry. The Contactor acknolvledges that it has no rigtrt and rvill not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of implied warranties or representations not specifically set foith in this Agreement. as the parties stipulate that there are no such implied rvarranties or representations of the Contractor. AII obligations ofthe parties are only as set lorth in this Agreement: 2 b. Claims based upon negligence or any tort arising out ofthis Agreement: c. Claims upon alleged acts or inaction by the Ciry, its commissioners. attomeys. administrators, Cortractors, agents. or any Contractor employee; d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such lvaiver is in rwiting and signed by an authorized representative for the City and Contractor. 7. Financial records. The Contmctor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with _eenerally accepted accounting principles. Contractor shall maintain adequate records to justiff all charges and costs incurred in performing the servrces for at least tkee (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit. excerpt. copy or traoscribe any pertinent transaction. activity, or records relating to this Agreement duri-ng normal business hours. All such materials shall be maintained by Contractor at a location in Broward Counry. Floridal provided that if any such material is located outside Broward County. then. at the City's option the City shall pay Contmctor for travel. per diem. and other costs incurred by Contractor to examine. audit, excerpt, copy or transcribe such material at such other location. The Crty shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrut.inized Companies. Contractor shall certifu that it is not on the Scrutinized Compan,es that Boycott Israel List created pursuant to Section 215.4725. Florida Starutes (2018). and that it is not engaged in a boycott of Israel. The Citv may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018). as may be amended or revised. or been placed on the Scrutinized Compa::ies that Boycott Israel List created pursuatrt to Section 215.4725, Florida Statutes (2018). as may be amended or revised, or is engaged in a boycott of Israel. 9. Verification of Employment Eligibility. Contractor represents that Contractor. and each subcontractor. has registered rvith and uses the E-Veriff system maintained by the United States Department of Homeland Security to veriff the work authorization stafus of all newly hired emplo-vees in compliance with the requirements of Section 448.095, Florida Statutes. and that entry into this Agreement will not violate that statute. If Contractor violates this section, Municipality may irlmediately terminate this Agreement for cause and Contractor shall be fiable for all costs incurred by Municipality due to the termi:ration. l 10. That in all other respects. the terms of Exhibit "A" apply to this Agreement. IN WTTNESS OF Tm, FOREGOING, the parties have set their hand and seal the day and year hrst written above. CITY OF DANIA BEACE, FLORII}A, a Florida municipal corporation ELORA RIERA. MMC CITY CLERK APPRO\TD AS TO LEGAI FORM AND CORRECTNESS: E\T A. BOUTSIS CITY ATTORNEY ARCHIBALD J, RYAN IV MAYOR ANAM. GARCIA. ICMA-CM CIryMANIAGER -+ WITNESSESI CONTR{CTOR: FG CONSTRTICTION, LLC a Florida limited liability company S ignature Title Dated 2024 2024 by of FG Construction, LLC, a Florida limited AS Sisnafure PRINT Name Signature PRfiT Name STATE OF FLORIDA) COT]NTY OF BROWARD) The foregoing instrument lvas acknowledged betbre me by means of n physical presence or E online notarization. on as liability company. He/she is personally knol!tr lo me or has produced identification. Notary Public. State of Fiorida Prht Name My Commission Expires: 5 PRfiT Name AGRIE\IINT BETWEEN THE CITY OF DA\LA. BE.C,CE FLORIDA ,{\D TIIE STOTTT GROTIP, LLC A FLORIDA LDIITED LL{BILITY CON[P.{\Y, FOR SER\'ICES RELATN{G TO CONCRETf CLTRBI}{G/SIDE\YALK CONSTRT CTION, fIILLD{G .{\D RESTIRT'..I.CL\G OF ASPILA.LT CO:'[CRETE, STRIPI]\G OF CITY STREETS AND PARKLNG LOTS, A:\-I) LA*\E DELDIEATORS AS FTIRTIIER DESCRIBED WITHII{ THE CITY OF DANIA BEACH INI'ITATION TO BID ("ITB") NO.2{.021. This is an Ageement ("Agreement") dated _, 2024. between the Ciry of Dania Beach, Florida, a Florida municipal corporation (.'City'), with its principal place of bushess located at 100 West Dania Beach Boulevard, Dania Beach. Florida 33004 and The Stout Group. LLC. a Florida limited habiliry company ("Contractor"). rvith its principai mailing address of 10850 Northrvest 138 Sreet, Bay #3. Hialeah Gardens. Florida 33018. In consideration of the mutual covenarts. temls and conditions contahed in this Renewal. and other good and valuable consideration. the adequacy and receipt of which are acknorvledged and agreed upon, the parties agree to the following: L Scope of Services. fhe Contractor a grees to provide construction services ("Services" or "Work") associated with the City's Invitation to Bid (ITB) No. 24-021 "Concrete Curbi:rg/Sidewalk Constmction, Millhg and Resurfacing of Asphalt Concrete, Striphg of City Streets and Parking Lots. and Lane Delineators" rvhich Bid is incorporated by this reference into this Agreement as Exhibit "A". This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-button cofltract. by means of sealed bids, for the purchase of concrete curbing sidervalk construction, mrlling and resurfachg of asphalt concrete. and the striping of city streets and parking lots as specified in 'Exhibit "A". The quantities shown on the Bid Price Proposal are approximate and only represent estimated planned requtements based on historical or specific project needs. The City does not guarantee any maximum or minimum quantit-v, any range of quantities, or the exact quantities shorvn lor each bid item. The Ciry's estimated quantities and the Contraclor's bid price rvill be used to calculate a total bid amount. fhis total bid amount will then be used to determine the low tridder; horvever. actual payment under the awarded contract will be based on actual quantities completed. PUSE BUTTON CONTR{CTOR SELECTION: When rvork is identitled. the Contractor rvho provides all services needed and is the lorvest cost for the project based on prices submitted on the bid form will be selected to complete the lvork. 2. This Agreement ercompasses the Contractor's response; provided, however that if there rs any conllict between the terms of the Agreement and the Contractor's response to City. the Agreement is controlling. The rankiag of the controlling documents is the agreement. then the technical specs, the terms of the ITB. then the Contractor's response. The Serv-ices and Costs are identified and described in the Coltractor's Bid Form, as Exhibit "B" which exhibit is incorporated by reference into this Agreement. I 3. The term of this Agreement shall be effective beginning October 1. 2024 through September 30. 2027. 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract il which specific sites are not identified at the time of letting, the Engineer will issue a Work Document. Work Documents will identify the location. description. amount of work to be accomplished. and the number of calendar days to complete the w-ork. Notiff the Engineer prior to beginning work defined by each individual Work Document. The initial Work Docnment may be issued with the Notice to Proceed. The Contractor rvill be allorved 14 calendar days from receipt of the idtial Work Document to respond and begin rvork. The 14 calendar days begin on the date the document is received in person. by emaii or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 '"vorking days is identified ia a Work Document, the Contractor rvil1 be expected to begil work by the start date identified in the Work Document. Charging of Contract time will begin on the actual day that work begi:rs at the site, but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Documenti or 3. the "start date" identifled in a Work Document (as described above) that is applicable to the specific Work Document issued. A1l work iocations rvill be described with sufficieat particularity that will allow the Contractor to proceed i:mediately to the location with minirnum delay. The Department u,ill make every reasonable effort to plan rvork locations and develop rvork documents in systematic and concentrated regions so as to minimize the Cootractor's travel requirements. A Pre-Work Conl-erence may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of the assigned rvork of the Work Document, notifu the Engineer. Certify that the rvork quantities and qualiry were accomplished in accordance with these specilications by signing and retuming the Work Document to the Department. A11 work completed rvi1l be revier.ved to verify quantity and quality prior to approval of the Work Document. Should inclement weather limit or stop the work, notifu the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays. stoppages and rework. 5. Maintenance of Trafhc. When No Separate Item is lncluded in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic. ail rvork and incidental costs specified as beiag covered under this Section lr,ill be included for payment under the several scheduled items of the overall Contract, and no separate payment will be made therefore. 2 6. Sovereign Immunity. Contractor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the Cit_v other than claims arising out of this Aereement. Specifically. the Contractor acknowledges that it cannot and will not assert any claims against the Cily, ur ess the claim is based upon a breach by the City of this Agreement. Further. the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health. safety, and rveifare of the pubiic. This Agreement in no way estops or atfects the Ciry's exercise of that regulatory authority. In addition. the City retains the full extent of its sovereign immunir,v in relation to the exercise of its regulatory authority. The Contractor ackaowledges that it has no rigJrt and will not make claim based upon any of the following: a. Claims based upon any alleged breach by the City of imFlied rvarraaties or represetrlations not specifically set forth in this Agreement, as the parties stipulate that there are no such implied warranties or representations of the Contractor. All obligations of the parties are only as set forth in this Agreement; b. Claims based upon negligence or any tort arising out of this Agreement; c. Claims upon alleged acts or inaction by the City, its commissioners, attomeys, administrators. Contractors. ageflts. or any Contractor employee; d. Claims based upon an alleged rvaiver of any of the terms of this Agreement unless such waiver is in writing and signed by an authorized representative for the City and Contractor. 7. Financial records. The Contractor shall maintain accurate and complete financial records of its activities and operations relating to this Agreement in accordance with generally accepted accounting principles. Cortractor shall maintain adequate records to justi* all charges and costs incurred in performing the services for at least tkee (3) years after completion of this Agreement. Contraclor agrees that the City, or its authorized representatives. shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction. activity, or records relating to this Agreement during normal business hours. All such materials shall be maintained by Contractor at a location in Brorvard County. Florida; provided that if any such material is located outside Broward County, thea, at the City's option the City shall pay Cootractor for travel. per diem, and other costs incurred by Contractor to examine. audit. excerpt. copy or transcribe such material at such other location. The Ciry shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrutinized Companies. Contractor shall certifu that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725. Florida Statutes (2018). and that it is not engaged in a boycott of Israel. The Cify may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.1-15, Florida Statutes (20i8), as may be amended or revised- or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725. Florida Starutes (2018), as may be amended or revised. or is engaged in a boycott of Israel. 9. Verification ol Emplolment Etigibility. Contractor represents that Contractor. and each subcontractor. has registered with and uses the E-Veriff syslem maintained by the United States Department ol Homeland Security to veriff the work authorization status of all newly hired employees in compliance rvith the requirements of Section 448.095, Florida Starutes. and that entry into this Agreement will not violate that statute. If Contractor violates this section. Municipality may immediately terminate this Agreement for cause and Contractor shall be liable for all costs incurred by Municipality due to the termination. 10. That in all other respects. the terms of Exhibit "A" apply to this Agreement. -t n{ WITNESS OF THE FOREGODiG. the parties have set their hand and seal the day and year first wriften above. CITY OF DANL{ BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA. \I\{C CITY CT FRK APPRO\ED AS TO LEGAI FORM AND CORRFCTNESS: E\E A. BOUTSIS CIryATTORNEY ARCHIBAID J. RYAN IV MAYOR ANAM, GARCIA. ICMA.CM CIryMANIAGER l \\.IT\ESSES:CO}iTR{CTOR: THE STOT'T GROT?, LLC a Florida limited liabililv compan)' .2021 Signature Sisnature PRII{T Name PRD{T Name Signarure Title Dated: PRL\-T Name STATE OF FLORIDA) COTINTY OF MIAMI.DADE) liability company, He/she is personally known to me or has produced identification. Notary Public, State of Fiorida Print Name My Cornmission Expires: The foregoing instrument was acknorvledged before me by means of tr physical presence or E online notarization. on 2024 by AS of The Stout Group. LLC. a Florida limited AS AGREE}IE\T BITWEIN THE CITY OF DANA BEACH, FLORID.{ d\D WTEKLEY ASPHALT PA\TNG, D{C., .{ FLORIDA CORPORA.TION, FOR SER\TICES R.ELATING TO CONCRETE CTIRBLNG/SIDIWALK CONSTRTICTION, MILLING A\D R.ESTTRT'ACL\IG OF ASPILA.LT CONCRETE, STRIPL\G OF CITY STR.EETS Af[D PARKI\IG LOTS, .{\D L.{\E DILf\EATORS AS FURTIIER DESCRIBED \\lTHDi TIIE CITY OF D.{NL{ BEACH D']\'IT.{TION TO BID C.ITB") NO. 2{-02T. This is an Agreement ("Agreement") dated _, 2024, between the City of Dan:a Beach, Florida. a Florida municipal corporation ('City"), with its pri:rcipal place of business located at 100 West Dania Beach Boulevard. Daaia Beach. Florida 33004 and Weekley Asphalt Paving. Inc., a Florida corporation ("Contractor"). rvith its principal maiiing address of 20701 Stirling Road. Pembroke Pines. Florida 33332. ln consideration of the mutual covenants. terms and conditions contained in this Renewal. and other good and valuable consideration, the adequacy and receipt of rvhich are acknowledged and agreed upon, the parties agree to the following: l. Scope of Services. The Contractor agrees to provide construction services ("Serr,'ices" or "Work") associated with the City's Invilation to Bid (ITB) No. 24-021 "Concrete Curbingsidewalk Construction, Miiling and Resurfacing of Asphalt Concrete, Stnpmg of City Streets and Parking Lots. and Lane Delineators" which Bid is incorporated by this reference into this Agreement as Exhibit "A", This reference to Exhibit A also includes all addendums and technical specifications. This Agreement is considered a push-bulton contract. by means of sealed bids, for the purchase of concrete curbing sidervalk construction. milling and resurlacing of asphalt concrete. and the striping of city streets and parking lots as specified rn 'Exhibit "A". The quantities shown on the Bid Price Proposal are approximate and only represent estimated planned requirements based on historical or specific project needs. The Ciry does not guarantee any maximum or minimum quantity, any range of quantities. or the exact quantities shown ior each bid item. The Ciry's estimated quantities and the Contractor's bid price will be used to calculate a total bid amount. This total bid amount will then be used to determine the lorv bidder; however. actual payment under the awarded contract will be based on acrual quantities completed- P[ISII BLTTTON CONTR{CTOR SELECTION: When rvork is identified the Contractor who provides all services needed and is the lowest cost for the project based on prices submitted on the bid form will be selected to complete the work. 2. This Agreement encompasses the Contractor's response: provided, however that if there ts any conflict betiveen the terms of the Aggeement and the Contractor's response to City, the Agreement is controlling. The ranking of the controlling documents is the agreement, then the technical specs. &e terms of the ITB. then the Contractor's rcsponse. The Services and Costs are identified and described in the Contractor's Bid Form, as Exhibit "B" which exhibit is incorporated by reference into this Agreement. 1 3. The term of this Agreement shall be effective beginning October l. 2024 through September 30. 2027. 4. CONTROL OF THE WORK (PUSH BUTTON). Work Documents: For this Contract in rvhich specific sites are not identitied at the time of letting, the Engineer will issue a Work Document. Work Documents will identifu the location, description. amount of work to be accomplished. and the number ol calendar days to complete the work. Notifu the Engineer prior to beginning work defined by each individual Work Document. The initial Work Document may be issued with the Notice to Proceed. The Contractor will be allowed 14 calendar days from receipt of the initial Work Document to respond and begin rvork. The 1.1 calendar days begin on the date the document is received in person. by email or fax. The Contractor will be expected to respond and begin work within five working days of receipt of any subsequent Work Document. If a start date later than 5 working days is identified in a Work Document, the Contractor rvill be expected to begil work by the start date identified in the Work Document- Chargi:rg of Contract time will begin on the actual day that work begils at the site. but no later than: 1. the 14th calendar day from receipt of the initial Work Document; or 2. the 5th working day from receipt of any subsequent Work Document: or 3. the "start date" identified in a Work Document (as described above) that is applicable to the specific Work Document issued. All work iocations will be described with sufficient particulariry that will allow the Contractor to proceed immediately to the localion rvith milirnum delay. The Department will make every reasonable effort to plan work locations and develop work documents in systematic and concenfated regions so as to m.inimize the Contractor's travel requiremenls. A Pre-Work Conference may be scheduled prior to the commencement of work in accordance with the Work Document. Upon completion of tlie assigned rvork of the Work Document, notiff the Engineer. Certity that the work quantities and quality were accomplished in accordance with these specifications by signing and retuming the Work Document to the Department. A11 rvork completed rvill be reviewed to verity quantify and qualty prior to approval of the Work Document. Should inclement lveather limit or stop the rvork. notifu the Engineer of such limitation or work stoppage. Schedule work in a manner that prevents delays. stoppages aad rework. Maintenance of Traffic. When No Separate Item is Included in the Proposal: When the proposal does not include a separate item for Maintenance of Traffic. all work and incidental costs specified as being covered under this Section n'ill be included for payment under the several scheduled items of the overall Contract. and no separate payment rvill be made therefore. 6. Sovereign lrornunity. Contmctor acknowledges that the Florida Doctrine on Sovereign Immunity bars all claims by Contractor against the Cit_v other than claims arising out of this Agreement. Specifically, the Contractor acknorvledges that it cannot and will not assert any claims against the City. unless the claim is based upon a breach by the City of this Agreement. Further. the Contractor recognizes the City is a sovereign with regulatory authority that it exercises for the health, safery, and welfare of the public. This Agreement in no way estops or affects the City's exercise of that regulatory authority. In addition. the City retains the full extent of its sovereign irnmunity in relation to the exercise of its regulatory authority. The Contractor acknowledges that it has no right and will not make claim based upon any ol the following: a. Claims based upon any alleged breach by the City of impiied rvarranties or representations not specifically set forth in this Agreement. as the parties stipulate that there are no such implied rvarranties or representations of the Contractor. All obligations of the parties are only as set forth ir this Agreement: b. Claims based upon negligence or any tort arising out of this Agreement: c. Claims upon alleged acts or ilaction by the Cify, its commissioners, attomeys. administrators, contractors. ageDts. or any Contractor employee; d. Claims based upon an alleged waiver of any of the terms of this Agreement unless such rvaiver is in rvriting and signed by an authorized representative tbr the Ciry and Contractor. 7. Financial records. The Contactor shall maintain accurate and complete financial records of its activities and operations relating to this Agteement in accordance with generally accepted accounting principles. Contractor shall maintain adequate records to justifu all charges and costs incurred in performing the sewices for at least tkee (3) years after completion of this Agreement. Contractor agrees that the City, or its authorized representatives, shall have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity. or records relathg to this Agreement durin-q nonnal business hours. All such materials shall be maintained by Contractor at a location in Broward County. Florida; provided that if any such material is located outside Brorvard County, then. at the City's option the City shall pay Cotrtractor for travel, per diem, and other costs incurred by Contractor to examine, audit, excerpt, copy or transcribe such material at such other location. The City shall make a reasonable effort to maintain the confidentiality of such audit report( s). 8. Scrutinized Companies. Contractor shall certiff that it is not on the Scrutinized Comparues that Boycott Israel List created pursuant to Seclion 215.4725, Fiorida Starutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135. Florida Statutes (2018). as may be amended or revised. or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 2l-5.472,5. Florida Starutes (2018). as may be amended or revised. or is engaged in a boycott of Israel. 9. Verification of Employment Eligibiliry. Conuactor represents that Contractor and each subcontractor has registered with and uses the E-Verify system maintained by the United States Department of Homeland Security to verifu the rvork authorization starus of all nervly hired employees in compliance *,ith the requirements of Section .148.095. Florida Statutes. and that entry into this Agreement wiil not violate that statute. If Contractor violates this section. Municipality may inmediately terminate thrs Agreement for cause and Contractor shall be hable for all costs incurred by Municipal-ity due to the termination. 10. That in all other respects, the terms of Exhibit "A" apply to this Agtreement _l