HomeMy WebLinkAbout2058 PBA 18/19-37 Sanford Marina Breakwater WallsThursday, December 20, 2018
PURCHASING DEPARTMFENT
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
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Mayor's signature
❑
Final Plat (original mylars)
❑ .
Recording
❑
Letter of Credit
Rendering
❑
Maintenance Bond ca
Safe keeping (Vault)
❑
Ordinance
❑
Deputy City Manager
❑
Performance Bond
❑
Payment Bond
❑
Resolution
❑
City Manager Signature
❑
❑
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
❑
Special Instructions:
From
SharePoint Finance Purchasing Forms - 2018.doc
Date
Wharton -Smith, Inc. Piggyback Contract (PBA 18/19- 37) (Sanford Marina
Breakwater Walls P"o ect)
The City of Sanford ("City") enters this "Piggyback" Contract with Wharton -Smith,
Inc., a Florida corporation (hereinafter referred to as the "Vendor"), whose principal
address 750 Monroe Road, Sanford, Florida 32771, and whose mailing address is Post
Office Box 471028, Lake Monroe, Florida 32747, under the terms and conditions
hereinafter provided. The City and the Vendor agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
Seminole County, Florida School District, said contract being identified as
"Continuing Contract for Construction Management Services RFQ No.
15160015RFQ-DW", dated December 15, 2015, as amended, which is based upon
the American Institute of Architects' "Owner -Construction Manager as Constructor
Agreement", in order for the Vendor to provide all services relating to the City's
"Sanford Marina Breakwater Walls Project" (said original contract being referred to
as the "original government contract"); provided, however, that the amount of
planning level services or construction project costs to be provided by the Vendor to
the City shall not be tasked in any amount so as to invoke the provisions of the
Consultants' Competitive Negotiation Act (CCNA) as set forth at Section 287.055,
Florida Statutes, relating to the acquisition of professional architectural, engineering,
landscape architectural, or surveying and mapping services. The provisions of City
Commission Memorandum Number 19-055, dated for the agenda of February 25,
2019, are incorporated herein by this reference thereto.
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City policies and procedures for particular goods and services.
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
N/A.
(a). Time Period ("Term") of this Contract: (state N/A if this is not applicable).
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). N/A.
(c). Any other provisions of the original government contract that will be
modified: (state N/A if this is not applicable). N/A.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract
PA
is Owen Christopher Smith; Project Manager; City Hall; City of Sanford, Florida; 300 North
Park Avenue; Sanford, Florida 32771, telephone number 407-688-5427, facsimile
transmittal number 407-688-5141 and whose e-mail address is jeff.davis@Sanfordfl.gov.
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
arising out of or related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h)-
(1). IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
3
CUSTODIAN OF •'i 41 688-5012,
HOUCHIN,
CITY CLERK,
CITY OF SANFORD,
CITY HALL,
300 NORTH
PARK
AVENUE,
SANFORD,
FLORIDA
327715
TRACI.HOUCH IN@SANFORDFL.GOV.
(11). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
(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 not exceed
the cost provided in Chapter 119, Florida Statutes, 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 the Vendor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
M
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered thisq"hday of March, 2019.
Attest:
Devon A. Lewis
Vice President /Secretary
Attest:
Traci Houchin, City Clerk, CMC, FCRM
Approved as to form and legal sufficien
William L. Colbert City Attorney
Wharton -Smith, Inc., a Florida
corporation. If
By: a Lntoll—
Darin A, Crafton
Executive Vice PresiV/nt
Date: 04/25/19
City Of Sanford
By: _
Jeff Tri
n-+-.
Z8-7- IS11
5
Exhibit "A"
[Attach original government contract]
Exhibit A.1
Scope Assumptions and Clarifications to Exhibit A
The Owner and Contractor agree this project is based on the Lump Sum amount of
$799,920.00 to complete the Design and Construct the Breakwater Walls as clarified below and
the Owner and Contractor further agree that the aforementioned Lump Sum shall govern any
language to the contrary in the Continuing Services Agreement dated December 15, 2015 and
shall also govern any language to the contrary in Exhibit A:
1. The scope of this project includes:
a. Design, permitting, removal, and replacement of the replacement of the existing
wooden breakwater wall at the Sanford Marina with concrete pile & wall panels.
The expected depth of the concrete pile is 40' to be confirmed during design.
b. Breakwater Marina Pavilion improvements per the CPH Drawings dated 8/17/18
and 8/21/18 (C0.1, C0.2, C1.0, C5.1, 1-1.1, and L5.1).
c. Investigate and repair the existing west most part of boat ramp at the Sanford
Marina south side.
2. A schedule is attached. Mobilization date is subject to change. 200 calendar Days until
substantial completion, and then more 60 calendar days until final completion
750 Monroe Road, Sanford, FL 32771 1 Phone: (407) 321-8410 1 Fax: (407) 829-4453
Mailing Address: P.O. Box 471028, Lake Monroe, FL 32747-1028
AL — 45684 1 FL - CG C032669 1 GA — GCCO 001333 1 LA — 52227 1 Ms—18232MC I NC — 38755 I SC — G97817 1 TN — 62419 1 VA — 2705121584A
Wharton -Smith, Inc.
CONSTRUCTION GROUP
JOB NAME: Sanford Marina Breakwater Walls
City of Sanford
CPH
Bid Item
Description
QTY
UNIT
BID FORM
Unit
Ext
1
Marina Breakwater Facility (Walls)
Design & Permitting
1
LS
$95,205
$95,205
General conditions
1
LS
$44,369
544,369
Mobilization
1
LS
$59,578
S59,578
Maintenance of Traffic - In/Out of Marina
1
LS
$21,254
$21,254
Demobilization, Clean-up, Record Drawings, Closeout
1
LS
$26,412
526,412
Sediment Barrier
1
LS
$4,935
S4,935
Floating Turbidity Barriers
1
LS
$24,689
524,689
Demolition
1
LS
$29,857
529,857
Concrete Class IV Bulkhead
1
LS
$151,886
S151,886
Prestressed Concrete Piling 18"Sq.
1
LS
$151,372
S151,372
Safety Fencing
1
LS
$4,986
$4,986
Sub -Total
$614,543
2
Waterfront Picnic Pavillion
Silt Fence
1
LS
$7,640
S7,640
Concrete Pavillion Pad
1
LS
$5,875
$5,875
Concrete Sidewalk
1
LS
$1,965
$1,965
Type F curb & gutter
1
LS
$1,856
51,856
Pavilion
1
LS
$34,475
$34,475
Striping/signing
1
LS
$1,000
$1,000
Tectile Strip
1
LS
$563
$563
Picnic Pavillion
1
LS
$4,689
54,689
Sub -Total
$58,063
3
Landscaping
Landscaping
1
LS
$4,280
S4,280
Tree Protection
1
LS
$356
$356
Sod and Mulch
1
LS
$2,678
$2,678
Sub -Total
$7,314
Other Elements:
Repair Boat Ramp
1
LS
$120,000
5120,000
Sub -Total
$120,000
GRAND TOTALS
$799,920
BID FORM (2) 00-000 Estimate Workbook for Sanford Marina Breakwater 2019-02-05 Adjusted 4/25/2019
Form revised 10/02/08 Page 1 of 1 1:35 PM
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