HomeMy WebLinkAbout2378 PBA 21/22-205 Caraway Concrete Construction - piggybackSACITNY OF
FORD
FINANCE DEPARTMENTI?
Tuesday, November 09, 2021 �.
r^ -I
PURCHASING DEPARTMENT
TRANSMITTAL MEMORANDUM
To: City Clerk
RE: PBA 21/22-205 Caraway Concrete Construction
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
❑
City Attorney/Signature
Once completed, please:
❑ Return originals to Purchasing- Department
❑ Return copies
El
Special Instructions:
Paul Smith
Purchasing Coordinator 9 -Nov -21
From Date
T:\DepLforms\City Clerk Transmittal Memo - 2009.doc
Caraway Concrete Construction, Inc. Piggyback Contract (PBA 21122-205)
Minor Sidewalks, Driveways, Curb Ramps, Curbs, Gutters And Traffic Separators
The City of Sanford ("City") hereby enters on the date of the City's execution below,
this "Piggyback" Contract with Caraway Concrete Construction, Inc., a Florida
corporation, (hereinafter referred to as the 'Vendor"), whose principal is 3221 Florida
Avenue, Oviedo, Florida 32765, and whose mailing address is Post Office Box 620755,
Oviedo, Florida 32762, 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
government of Seminole County, Florida, said contract, styled "Term Contract for
Minor Sidewalk, Driveway, Curb Ramps, Curb, Gutter, and Traffic Separators" which
is currently in effect, as amended from time -to -time, being further identified as "IFB-
602510-16/GCM" in order for the Vendor to provide all goods and services relating to
minor sidewalks, driveways, curb ramps, curbs, gutters and traffic separators, as
needed by the City (said original contract being referred to as the "original
government contract").
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit W 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 to be
provided by the Vendor to the City under the same pricing for the City's activities and
materials as may be agreed to and directed by the City.
(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:
(a). Time Period ("Tenn") of this Contract: (state N/A if this is not applicable).
N/A.
(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/sheAt 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
is Marisol Ordohez, Purchasing Manager, Finance -Purchasing Division, 300 North Park
Avenue; Sanford, Florida 32771, telephone number (407) 688-5028 and whose e-mail
address is Marisol.ordonez@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 govemment 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).
141 11AINSIM"03=11 MW
3 1
(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.
(111). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(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.
41 P c-! t,
(i). All other provisions in the original government contract are fully binding on
the partes and will represent the agreement between the City and the Vendor.
0). The Vendor shall afford "Most Favored Nation" pricing to the City and, to
extent necessary for the City to comply with controlling law or the conditions of grants or
funding from other governmental agencies or entities,
(k). The Vendor agrees to perform consistent with those provisions of controlling
law as if mandatory contractual provisions of grantor agencies or entities were a part of
this Agreement.
(1). The Vendor, in the event of any ambiguity in the contractual relationship
between the Vendor and the City, shall comply with all Standard Contractual Terms and
Conditions", as provided on the City's website, which website; which can be reached and
accessed, as well as said terms and conditions reviewed, at:
(https://www.sanfordfl.gov/departments/finance/purchasing/contract-terms-and-
conditions or www.SanfordFL.gov).
Entered this :�_L day of October, 2021.
Attest:
Damon S. Dow
Vice President
SIGNATURE BLOCKS FOLLOW:
CARAWAY CONCRETE
CONSTRUCTION, INC., a Florida
corporation.
B,
Linda J. ourtney
President
ADDITIONA SIGNATURE BLOCK FOLLOWS:
51 Page
City Clerk
Approved as to form and legal
. Colbert
City Attorne
Ma
MY Of sa
0
�al m
61
e0
Exhibit "A7
[Attach original government contract]