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2058 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 ❑ 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 I I I V 9 1 I I I