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1528 The Middlesex CorpThursday, August 23, 2012 PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM To: City Clerk RE: The Middlesex Corp PO 33010 The item(s) noted below is /are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® \ Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest /Signature Once completed, please: ❑ Return originals to Purchasing ❑ Return copies El Special Instructions: Safe Keeping... Marisol Ordonez From Date TADept_ forms \City Clerk Transmittal Memo - 2009.doc DATE: 08/21/12 PURCHASE ORDER PO NUMBER 033010 PURCHASING OFFICE: 407.688.5030 ACCOUNTS PAYABLE: 407.688.5020 FACSIMILE: 407.688.5021 CITY OF SANFORD P.O. BOX 1788 (300 NORTH PARK AVENUE) SANFORD, FLORIDA 32772 FLORIDA TAX EXEMPT NO.: 858012621681C-8 SUBMIT INVOICES TO: ACCOUNTS PAYABLE FINANCE DEPT. P.O. BOX 1788 SANFORD. FL 32772 VENDOR NO.: 11627 TO: THE MIDDLESEX CORP., 10801 COSMONAUT BLVD ORLANDO, FL 32824 SHIP TO: CITY OF SANFORD 800 FULTON STREET SANFORD, FL 32771 DELIVER BY TERMS F.O.B. DESTINATION BID OR QUOTATION NO. REQUISITION NO. UNLESS OTHERWISE INDICATED 09/30/12 NET /30 63330 ACCOUNT NO.: 136-4047-541.63-87 PROJECT NO.: RS 0 7 10 NO DEVIATION FROM THIS PURCHASE ORDER WILL BE ALLOWED UNLESS AUTHORIZED BY THE PURCHASING MANAGER - CITY OF SANFORD ITEM N0. DESCRIPTION QUANTITY UNIT OF ISSUE UNIT COST EXTENDED COST 1 IN PLACE ASPHALT SERVICES FOR 3RD 85000.00 NA 1.00 85000.00 STREET FROM 17/92 TO OLEANDER AVENUE SUB TOTAL 85000.00 TOT ),L 85000.00 BFILE COPY APPROVED BY: ^VPURCOEIAG APPROVED BY: A T CITY MAN AR ALL PACKAGES AND INVOICES ASSOCIATED WIT THIS P.O. MUST BEAR THIS PURCHASE ORDER NUMBER. THE VENDOR IS RESPONSIBLE TO CAREFULLY READ AND COMPLY WITH ALL OF THE STANDARD TERMS AND CONDITIONS PROVIDED ON THE REVERSE SIDE OF THIS PURCHASE ORDER AND AT HTTP: //WWW.SANFORDFL.GOV /DEPARTMENTS /PURCHASE/TERMS.HTML COPIES TO: VENDOR ORIGINATING DEPARTMENT PURCHASING 4 CITY COMMISSION MEMORANDUM 12-118.j AUGUST 13, 2012 AGENDA WS _ RM X Item No. TO: Honorable Mayor and Members of the City Commission PREPARED BY: Jeffrey J. Davis, Senior Inspector him SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Approval of Procurements for 3rd Street Road Rehabilitation Services. SYNOPSIS: Approval of four procurements to reconstruct E. 3` Street from US 17 -92 (SR 600) to Oleander Avenue is requested. FISCAL/STAFFING STATEMENT: A total of $207,000 is requested and available in the Fiscal Year 11/12 budget from the 2nd Generation One Cent Sales Tax Account. BACKGROUND: Four procurements are requested in the following amounts: $80,000 to Asphalt Recyclers Incorporated (Piggyback Seminole County Contract IFB- 6000806 -10 /GMG) for full depth asphalt reclamation, $85,000 to The Middlesex Corporation (Piggyback Seminole County Contract IFB- 600562 -09 /GMG) for in place asphalt services, $30,000 to Core Construction Group Incorporated (IFB 09/10 -25) for concrete, curb and sidewalk installation and $12,000 to Fausnight Line and Stripe (Piggyback Seminole County Contract IFB- 600325 -08 /GMG) for roadway marking. LEGAL REVIEW: The Piggy Back contracts have been prepared by the City Attorney. RECOMMENDATION: It is staff's recommendation the City Commission approve the procurements in the amount not to exceed $80,000 to Asphalt Recyclers Incorporated, $85,000 to The Middlesex Corporation, $30,000 to Core Construction Group Incorporated and $12,000 to Fausnight Line and Stripe Incorporated to reconstruct E. 3` Street from US 17 -92 (SR600) to Oleander Avenue. SUGGESTED MOTION: 0 "I move to approve the procurements in the amount not to exceed $80,000 to Asphalt Recyclers Incorporated, $85,000 to The Middlesex Corporation, $30,000 to Core Construction Group Incorporated and $12,000 to Fausnight Line and Stripe Incorporated." SECOND AME14MMENT TO TERM CONTRACT FOR PAVEMENT MANAGEMENT PROGRAM. (IFB- 600561- 09 /GMG) THIS SECOND AMENDMENT is made and entered into this �l � day of , 20LJ,_ and is to that certain Agreement made and entered into on the 23rd day of April, 2009, as amended on September 26, 2011, between THE MIDDLESEX CORPORATION, whose address is One Spectacle Pond, Road,_ Littleton, Massachusetts 01460, hereinafter referred to as "CONTRACTOR ", and SEMINOLE COUNTY, a political subdivision,of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY ". N I T N E 8 S S T H: WHEREAS, CONTRACTOR and COUNTY entered into the above referenced Agreement on April 23, 2009, as amended on September 26, 2011, tc provide road construction material to Seminole County; and !33 4- WHEREAS, the parties desire tc�� amend the Agreement so as to enable both parties to continue to enjoy the mutual benefits provides; and WHEREAS, Section 21 of the Agreement provides that any amendments shall be valid only when expressed in writing and duly signed by the parties, NOW, TSMMORE, in consideration of the mutual understandings. and. agreements contained herein, the parties agree to amend the Agreement as follows: 1. Exhibit "A" of the Agreement is deleted and replaced by the new Exhibit "A" attached hereto. 2. Except as herein modified, all terms and conditions of the Agreement shall retriain in full force and effect for the . term of the Agreement, as originally set forth in said Agreement. CERTIFIED COPY MARYANNE MORSE 1 1 C OF CIIi Seco Amen nt to IFB- 600562 -09 GM(3 LE COURT The Middlesex Corporation CO FA Page 1 of 2 FPII �,n�• n r wiTN8ss BPS mwr, the parties instrument for the purpose herein expressed, hereto have executed this ST THE- :1)1DMLESBX CORP DRATION - ��k A�� By: 08ERT L I MABARDY, Secret DA D S CI, or V c- s t Es matin (CORPORATE SEAL) I Date: By: W As authorized by Section 3.554(7), Seminole County Administrative Code. Pi \Naar& \Legal ge=etakry Cn \Purchasing 2012\ayra ftnt6 \I79- 600562 2wdoo Attachmentt Exhibit "A" - Scope of Services Second Amendment to IFB- 600562 -09 GM The Middlesex Corporation Page 2 of 2 For the use and reliance of Seminole County only. Approv a a x t� f.ATm and EXHIBIT A WORK ORDER FORM Work Order Number TMC -3rd ST CITY OF SANFORD FLORIDA Master Agreement/Contract Number: Piggyback S/C IFB- 600562- 09 /GMG Dated: 07/18/2012 Contract/Project Title Road Reconstruction E. 3rd St from 17/92 to Oleander Avenue Solicitation No: ISanford Project No. RS0710 jPurchase Order No. Consultant/Contractor: The Middlesex Corp. Consultant/Contractor's Business Address, Phone Number, Fax Number and E -mail Address 10801 Cosmonaut Blvd., Orlando, Fl. 32824 Ph: 407.206.0077 Fax: 407.206.3559 ATTACHMENTS TO THIS WORK ORDER METHOD OF COMPENSATION DRAWINGS /PLANS /SPECIFICATIONS FIXED FEE BASIS SCOPE OF SERVICES TIME BASIS -NOT TO EXCEED AMOUNT SPECIAL CONDITIONS TIME BASIS - LIMITATION OF FUNDS PRICING IINFORMATION X UNIT PRICE BASIS -NOT TO EXCEED AMOUNT X WO TERMS AND CONDITIONS TIME FOR COMPLETION: 50 Days of the effective date of this Work Order Effective date- this Work Order: Date of Execution by City Time for completion: The services to be provided by the Con sultant/Contractor shall commence upon execution of this Work Order by the parties and shall be completed within the time frame indicated above. Failure to meet the stated completion requirement may be grounds for termination for default. Work Order Amount: Dollars Expressed in Numbers: $ 85,000 Dollar Amount Written Out: Eighty -five Thousand Dollars --------------------------------------------------------------------------- -00 /xx In Witness Where of, the parties hereto have made and executed this Work Order on the respective dates under each signature: The City through its City Commission taking action on 8/13/2012 and the Consultant/Contractor by and through its duly authorized corporate officer having the full and complete ---I authority to execute same. CONSULTANT /CONTRACTO i ATTEST: EXECUTI I ignature, Corporate Officer Signature, Corpora President V (i Robert L. Mabardy, President NE & Clerk 7/24/12 Robert W. Pereira II, President & COO 7/24/12 Corporate Officer Printed Name, Title and Date Corporate President Printed Name and Date CITY OF SANFORD 0 Signature, Purchasing Manager i( ! *a," Vim; IF-L1- -4 Purchasing Marjager, P101ted Name and Date Signature, CjU Clerk gat e, Mayor UV ,P -a3 Jeff Triplett 8 -21 -201 City Clerk, Pfinted NaF6e and Date Mayor, Printed Name and Date Revised: 1 -6 -2011 WORK ORDER TERMS AND CONDITIONS 1. By accepting this Work Order (WO) the Contractor/Vendor /Contractor accepts all of the Terms and Conditions included herein. The Buyer is the City of Sanford, Florida, hereinafter referred to as the "City ". The term "City" is used in a broad sense to include its employees, directors, officers, agents, volunteers, etc. 2. All information referenced is hereby incorporated into the WO. These Terms and Conditions may be varied only by written amendment signed by the parties. All modifications in performance, including but not limited to, extensions of time, renewal, or substitution are void absent dually signed amendment by the parties. Time is of the essence of the lawful performance of the duties and obligations contained in the Work Order. The Vendor /Contractor agrees that Vendor /Contractor shall diligently and expeditiously pursue Vendor /Contractor's obligations. 3. Cancellation rights reserved by the City. The City may cancel this WO in whole or in part at any time for default by written notice to the Vendor /Contractor. The City shall have no liability to the Vendor /Contractor beyond payment of any balance owing for Material purchased hereunder and delivered to and accepted by the City prior to the Vendor /Contractor's receipt of the notice of termination. 4. Terms of shipping are F.O.B. the City's delivery location unless otherwise noted within the terms of this WO. Regardless of the indicated F.O.B. point, the City does not accept title until the delivery is acknowledged by an authorized City representative" 5. Prices stated on this WO are firm, all inclusive and consistent with applicable negotiations, bid(s) and /or quotations. The City is exempt from the Florida Sales and Use Tax and will furnish the Vendor /Contractor with proof of tax exemption upon request. Extra charges for any purpose will not be allowed unless explicitly indicated on the WO. This order is hereby cancelled, if pricing is omitted. 6. The Vendor /Contractor warrants that any material or equipment supplied hereunder is new, unused condition and free from defects in title, workmanship, defects in design and in full compliance with the specifications defined by the City in the order. The goods or services furnished under this WO are covered by commercial warranties for such goods or services and that the rights and remedies provided therein are in addition to and do not limit those available to the City. A copy of these warranties and all applicable manufacturer's warranties shall be furnished at the time of delivery. 7. The City reserves the right to conduct any inspection or investigation to verify compliance of the goods and /or services with the requirements of this Work order and to reject any delivery not in compliance If any deficiency is not visible at the time of delivery the City reserves the right to take and /or require appropriate corrective action upon the discovery of any deficiency, non - compliance, or defect 8. All tools or property furnished to the Vendor /Contractor by the City shall remain the property of the City, be subject to removal upon the City's demand, be used only on behalf of the City, be maintained in good order, and be clearly identified as property of the City. The Vendor /Contractor assumes any and all liability of whatsoever type or nature for loss or damage to such property. 9. The Vendor /Contractor agrees to comply with all Federal, State of Florida, Seminole County, City laws, ordinances, regulations, authority and codes and authority having jurisdiction over the purchase. 10. To the fullest extent permitted by law, the Vendor /Contractor shall indemnify, hold harmless and defend the City, its agents, servants, officers, officials and employees, or any of them, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees and other legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for expert witness testimony, arising out of or resulting from the performance or provision of services required under this Agreement, provided that same is caused in whole or in part by the error, omission, act, failure to act, breach of contract obligation, malfeasance, officers, officials, employees, or agents. Additionally, the Vendor /Contractor accepts responsibility for all damages resulting in any way related to the procurement and delivery of goods or services contemplated in this Work order. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. 11. The Vendor /Contractor shall not assign this WO, any rights under this WO or any monies due or to become due hereunder nor delegate or subcontract any obligations or work hereunder without the prior written consent of the City. WORK ORDER TERMS AND CONDITIONS -Page 2 12. The Vendor /Contractor shall not disclose the existence of this WO without prior written consent of the City except as may be required to perform this WO. 13. All Material purchased hereunder must be packaged to ensure its security and delivery in accordance with the City's shipping and packaging specification and good commercial practice. Each package shall be labeled indicating the addressee of each package or shipment and the applicable WO number. All shipments shall comply with HAZMAT requirements including, but not limited to, (DOT) regulations published in 49CFR 1399, OSHA regulations 29 CFR 4999. 14. The Vendor /Contractor shall perform the obligations of this WO as an independent contractor and under no circumstances shall it be considered as agent or employee of the City. 15. The Vendor /Contractor ensures that its personnel shall comply with reasonable conduct guidelines and City policies and procedures. 16. After each delivery, the Vendor /Contractor shall provide to the "bill to address" an original, "proper invoice" (single copy) which includes: a) Vendor /Contractor's name(dba), telephone number, mailing address; b) City's P.O. Number; c) Date of invoice; d) Shipping date; e) Delivery date; f) Payment terms; g) Description of goods /services; h) quantity; i) Unit price; j) Extended price; k) Total. The City has the right to reconcile invoice with the WO and adjust payment accordingly to comply with the WO. Payment will be made only to the Vendor /Contractor identified on the WO and for received and accepted goods /services. The City shall have right at any time to set -off any amounts due to the Vendor /Contractor against any amounts owed to the City by the Vendor /Contractor and shall in the case of Vendor /Contractor default retain the right to further adjust payments as consistent with the best interests of the City. 17. Payment of invoices will be in compliance with Chapter 218, Part VII of Florida Statutes, City Ordinance No. 3029, Purchasing Policy of the City and the stipulations, terms and conditions of this WO. Any cash discount period will date from receipt of invoice, receipt of actual delivery or date of invoice, which ever is later. 18. If this WO involves the Vendor /Contractor's performance on the City's premises or at any place where the City conducts operations, the Vendor /Contractor shall request information from the Purchasing Manager regarding insurance coverage requirements. In circumstances where insurance is required, Vendor /Contractor shall provide proofs of insurance required by the City, or City reserves the right to cancel this Work Order, immediately suspend performance by the Vendor /Contractor at Vendor /Contractor's expense and prohibit access to City premises until such proofs of insurance is verified Noncompliance with this item shall place the Vendor /Contractor in default and subject to disbarment from the City's Vendor /Contractor List. 19. The failure of the city to enforce any provision of this WO, exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 20. The Vendor /Contractor shall notify the Purchasing Manager of any inherent hazard and applicable precautions, protective measures and provide any additional relevant information, including MSDS, related to the Material being purchased herein. 21. The City shall have the right at no additional charge to use all or portions of material found in the Vendor /Contractor's applicable literature relevant to the purchase. The Vendor /Contractor agrees to advise the City of any updated information relative to the foregoing literature and documentation with timely written notice. 22. A person or affiliate who has been removed from the City's Vendor /Contractor List may not submit a bid or transact business with the City in excess of Category Two for a period of thirty -six (36) months from the date of being removed from the City's Vendor /Contractor List. 23. In compliance with 8 U.S.C. Section1324a(e) [Section 274A(e) of the Immigration and Nationality Act (INA)], the City will not intentionally make an award or upon discovery of a violation will unilaterally cancel this WO with any contractor who knowingly employs unauthorized alien workers. WORK ORDER TERMS AND CONDITIONS -Page 3 24. This WO shall be governed by and interpreted in accordance with the laws of the State of Florida. In any action or proceeding required to enforce or interpret the terms of this Agreement, venue shall be of the Eighteenth Judicial Circuit in and for Seminole County, Florida