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SEBASTIAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetina Date: April 28, 2021
Title & Recommendation: Approve Design Build Guaranteed Maximum Price (GMP) Work Services
Agreement with FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.
INC., awarded Firm of RFQ 21-04 Design Build of Yacht Club Seawall
Replacement, in an amount not to exceed $358,786.39.
Background: Staff recommends Council APPROVE the Design Build Guaranteed
Maximum Price (GMP) Work Services Agreement, in an amount not to exceed $358,786,39, with Ferreira
Construction Southern Division Co. Inc. (Ferreira), awarded firm of RFQ 21-04 for the Design -Build of Yacht
Club Seawall Replacement.
Ferreira was awarded by Council at the March 10. 2021 Council Meeting and authorization was given to City
staff to begin negotiations to roach a GMP. The GMP proposal provides for the replacement of the failing
seawall, new pavilions and sidewalk. Ferreira will work to find additional cost savings on materials through the
duration of the project. Ferreira is also the awarded Contractor completing the Fisherman's Landing project
Design Build is a method used to allow a single vendor to provide planning, design and construction services
under one contract. This ensures a unified flow of work from initial concept through completion.
If Aqends Item Re wires Expenditure of Funds:
Total Cost: $358,Y6.39
Funds to Be Utilized: General Fund Reserves
Attachments:
1. GMP Proposal....................................................................................................................... 2
2. Proposed GMP Agreement w/ Ferreira Construction Southern Division Co. Inc ................... 5
Administrative Services Departme Revie ' J I
City Attorney Review: _
` /1 )�-
Procurement Division Review, if applicable:
City Manager Authorization:
Date: `
IFRRRRIRA
FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC.
April 21, 2021
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Attn: Mr. Brian Benton
Project: Design Build— Sebastian Yacht Club Seawall Replacement
Project k: FL21019-1
Page 1 of 3
PROPOSAL
Ferreira Construction Southern Division Co., Inc. is pleased to provide this proposal forth above
referenced project. We will provide all labor, material, equipment, and supervision to construct
the following scope of work.
Item Description
1. Mobilization/ General Conditions
2. Demolition and Debris Removal
3. Install SG UC-30 Vinyl Sheet Pile
4. Install Tie -Backs and Deadman
S. Install Weep Holes
6. Drainfield Rock Backfill Between Seawalls
7. Closure Pours
8. Install Reinforced Concrete Cap
9. Install Two (2) New Pavilions Concrete Slabs
10 Reinstall Aluminum Railing
11. Restore Removed Dock Sections
12 Replace 4" Thick Sidewalks (Labor,
Equipment)
14. Sheet Pile Material Only
15. Concrete Material Only
unit
Qu3ntIN
Unft Price
Total
LS
1
$97,800.00
$97,800.00
LS
1
$21,473.90
$21,473.90
LF
275
$219.29
$60,304.75
EA
35
$620.35
$21,712.50
EA
36
$176.60
$6,357.60
CY
85
$134.90
$11,466.50
EA
4
$1822.35
$7289.40
LF
275
$137.10
$37,702.50
LS
1
$3218.40
$3218.40
LF
275
$28.24
$7,766.00
LS
1
$4,277.60
$4,277.60
SF
2106
$8.19
$13,998.14
LS
1
$36,677.05
$36,677.05
LS
1
$11,183.00
$11,183.00
13000 SE Flora Avenue • Hobe Sound, Florida 33455 • Phone: 772.286.5123 • Fax: 772.286.5139
ww i.ferreiraconslruction.com
4u Fipml Oypnnmvn Fngdulrr
16.
Pavilion framework including Roof
LS 1 $8,444.85
$8,444.85
17.
Fill material and Sod
LS 1 $7,014.20
$7,014.20
18.
Irrigation Repairs
LS 1 $2,100.00
$2,100.00
Total $358,786.39
Project: Design Build —Sebastian Yacht Club Seawall Replacement
Project N: FL21019-1
Page 2 of 3
Pr000sed Scone of Work:
• Provide engineering drawings for building permit.
• Remove existing pavilions and replace in kind.
• Remove existing sidewalk and replace in kind.
• Remove portions of wooden docks to allow for seawall Installation and reinstall.
• Remove and reinstall aluminum railing.
• Remove trees and landscaping that may conflict with construction and reasonably replace in kind.
• Remove existing concrete seawall cap and dispose of debris.
• Drive new +/-300 LF SG UC-30 vinyl sheet pile in front of existing seawall.
• Install concrete deadman and tie -backs in 260 LF of the new sheet pile wall. Remainder will be
cantilevered.
• Install weep holes in new seawall and place drainfield rock between the existing and new seawall.
• Install reinforced concrete cap.
Exclusions:
• Removal, relocation and/or replacement of existing utilities both public and private.
• Removal,disposal, and replacement of unsuitable or contaminated soils.
• Removal and disposal of buried debris not known, or reasonably anticipated, at time of proposal.
• Disconnection, capping and reconnection of electric or water services.
• Any Item not specifically included is excluded.
Clarifications:
• All construction to be by normal means, methods, and equipment typical to the type of construction
Included in this proposal. Any extraordinary means required will be at an additional cost. This includes
pre -drilling for sheet pile.
• This proposal is limited to the scope of work outlined above. Any additional work outside the base
contract will commence only after a change order has been agreed to in writing by both parties.
• This proposal is good for thirty (30) days and can be extended for an additional period at the sole
discretion of Ferreira Construction Southern Division Co., Inc.
13000 SE Flora Avenue • Hobe Sound, Florida 33455 • Phone: 772.286.5123 • Fax 772.286,5139
w Jeneiraconslruction.ccm
:In 5p,m1 ()r..... '.n(r Emy6mr
Project: Design Build —Sebastian Yacht Club Seawall Replacement
Project#: FL21019-1
Page 3 of 3
This proposal is based on a design developed by the Ferreira Construction Southern Division Co., Inc.
design team. In accepting this proposal, the Client agrees to the attached exclusions and clarifications
and they are to become part of the contract documents unless specifically agreed to In writing by this
Contractor.
This proposal becomes a letter of intent to enter a contract when executed by authorized representatives
of both parties and subject to the conditions noted herein.
Ferreira Construction Southern Division Co., Inc. City of Sebastian
'� e':'�
Signature Signature
John Ciabattari, Vice President
Printed Name and Tide Printed Name and Title
April 21,2021
Date Date
13000 SE Flora Avenue • Hobe Sound, Florida 33455 • Phone: 772.286,5123 • Fax: 772.286.5139
www.fetralraconsimction.com
: In h'giw1 bpponm o /imp/q�er
DESIGN BUILD GUARANTEED MAXIMUM PRICE (GMP) WORK SERVICES AGREEMENT
RFO 21-0C Da•lim Build Yacht Club Saawall Proi r
AGREEMENT APPROVED BY CITY COUNCIL:-!Ia/d0a
AGREEMENT EFFECTIVE DATE: 5 I ?>\I o20ci I
1. Parties:
City of Sebastian, a municipal corporation of the State of Florida, (City).
and
Ferreira Construction Southern Division Co. Inc. (Design Builder).
2. Dasignaterl Contact Person as to gUt :
3. Designated Contact Person ea to Deslan Builder:
Brien Benton (PROJECT MANAGER)
John Clabattari (PROJECT MANAGER)
Leisure Services Director
Vice President
1225 Main Street
130DD BE Flora Avenue
Sebastian, Florida 32958
Hobe Sound, FL 33455
Phone; 772-228-7057
Phone: 772-2865123
Cell: 772-205-7560
Cell: 772-286-5139
Emai , bbenton@cityofsebasdan.org
Emag: jciabattari@feneimconstruction.com
4. Guaranteed Maximum Price (GMP). The Design Builder's GMP for the Work Is a total of Three Hundred
Fifty -Eight Thousand, Seven Hundred Eighty-Sht dollars and Thirty -Nine cents ($358,786.39). The Design
Builder shall be entitled to no increase. This price is for the performance of the Work In accordance with the
Agreement Documents listed In Section 6.
5. Project Time. The Design Builder shall achieve Substantial Completion of the Work and issue Certification of
Occupancy no later than 90 dall((s followin((]� the Issuance of Per is. Time is of the essence In the
performance of this Agreement. Permit applications shall ho submitted no later than 3 weeks after the
issuance of the Notice to Proceed (NTP)
NOTE: The Citv reserves the right to allow for env aooroved extensions.
6. Agreement Document.
• Exhibit "A" — GMP Proposal for Design Build Project, including Project Qualifications, dated
April 21, 2021
• Exhibit "B" — Project Schedules) - to be submitted within 10 days of Notice to Proceed (NTP)
• Exhlbit "C" — Payment and Performance Bond, to be submitted within 10 days of NTP
Additional Agreement Documents include the Supplemental General Conditions, Notice to Proceed (NTP),
Purchase Order(s), Contract Amendments and Change Order(s).
7. Liquidated Damages. it the Design Builder fails to achieve Substantial Completion of the Work within the
Contract Time listed above, the City shall be entitled to retain or recover, as liquidated damages and not as a
penalty, the g of y.'plq._00 qar q le Oar gpv. Liquidated Damages will be sought starting on the final day
following expuallon of the Contract and continuing until the actual date of Substantial Completion.
Such liquidated damages are hereby agreed to be a reasonable estimate of damages the City will incur as a
result of delayed completion. The City may deduct liquidated damages from any unpaid amounts due the
Design Builder under this Agreement. Any liquidated damages not to deducted from any unpaid amounts
due the Design Builder shall be payable to the City at the demand of the City, together with interest from the
date of the demand at the maximum allowable rate.
Force Majeurs. Any parry to natural disasters and other force majeure causes of delay In Performance of
duty, Incomplete or non-performance should not be treated as breach of contract, including but not limited to
acts of God, war, riots, earthquakes, hurricanes, lightning, and explosions, energy blackouts, unexpected
legislature, lockouts, slowdowns and strikes. In such cases the City in its sole discretion may issue a change
order for delays beyond the Contractors' control.
City of Sebastian, Florida / Ferreira Construction Southem Division Co.. Inc. (GMP)
FIFO 21-04 Design Build Yacht Club Seawall Replacement Pm)ect Pagel of
B. City Funds. If sufficient funding Is not available for Design Builder to complete the Work, City reserves the
right to modify the terns and conditions of the Agreement to change the Scope of Work to reduce the cost to
match any available funding. If such modifications to the Scope of Work are not feasible, or If funding has
been totally exhausted prior to Design Builders completion of its Work, the Agreement shall be terminated on
terms reasonably acceptable to both parties.
9. Project Team. Design Builder will provide names and roles of the Project Team assigned for
approval by the City. if any member of the Project Teem discontinues service on the Project for any
reason whatsoever, Design Builder shall promptly replace such team member with a qualified
individual approved by the City, in writing, which approval will not be unreasonably withheld.
10. Clty's Project Manager. City shall designate a Project Manager. All Work done by the Design
Builder shell be subject to the review, inspection and acceptance of the Project Manager and the City.
Any and all technical questions which may wise as to the quality, completeness and acceptability, of
Work performed, or Work to be performed, interpretation of plans/specifications and all technical
questions as to the acceptable fulfillment of the Agreement on the part of the Design Builder shall be
referred to the City Manager who will resolve such questions. All Work shall be subject at all times to
Inspection and review by the Project Manager and the City.
11. Schedules, Reports and Records. Design Builder shall submit to City cost schedules, progreas
schedules, estimates, records, reports, and any other data, as related to the provision of the Work
coveted under the Agreement Furthermore, City reserves the right to iropea and audit Design
Bullder's books and records relating to the Agreement, when deemed appropriate by City. All
schedules, reports and records of Design Builder, as they relate to the Agreement, shall be retained by
Design Builder for a period of three (3) years from the date of final payment under the Agreement.
12. Design Builder Initiated Changes. If the Design Builder Initiates a substitution, deviation w change
In the work which affects the scope of work or the expense of other trades, Design Builder shall be
Ilable for the expense thereof, and any Incidental extra work created by the change.
13. Termination for Convenience. Upon ten (10) days' written notice to Design Builder, the City may,
for its convenience and without cause, elect to terminate this Agreement. In the event of termlrlelion,
City will be responsible for compensating Design Builder only for the Work satisfactorily completed or
partially completed up to the date of termination. Design Builder shall not be entitled to compensation
for loss of anticipated profil.
14. Insurance. During the term of the Agreement, Design Builder, at its sole expense, shall obtain and
maintain insurance of such a type and with such terms and limits as noted below. Pmvlding and
maintaining adequate Insurance coverage is a material obligation of Design Builder. Design Builder
shall provide City a cert0kats(s) of Insurance, evidencing such coverage, B Is the Design Builders
responsibility to ensure that the City has current Certillcate(s) of Insurance at all times during the
duration of the agreement, Including renewal terms.
14.1 Minimum Insurance Requirements. The coverage's, limits a endorsements required herehi protect
the primary Interests of City, and these coverages, limits or endorsements shay in no way be required
to be relied upon when assesssg the extent or determining appropriate types and limits of coverege to
protect Design Budder against any loss exposures, whether as a result of the Project or otherwise. All
Insurance policies shall name and endorse the following as additional insured(s): the City or
Sebastian and Its City Council members, officers, employees and agents.
an amount not less then:
Commercial General $2,000,000 General Aggregate Limit; Each Aggregate Limit; Products &
Liability Completed Operations; and Personal & Advertising Injury
550,0D0 Fire Damage Limit
• $5.000 Medical Expense Limit
Professional Liability an amount not less than:
(Errors 8 Omisslons) $600.000 Each Occurrence, covering any damages caused by an error,
omisslon or any negligent acts.
RF 21-04 Design
FloridaI Yacht
Club
Re lacsMmD rOlerrCo., Irrc (GMP)
qFO 21-06 Design Build Yacht Club Seawall Replecemant Project Page 2 of 5
on amount not less than:
Automobile Liability • $1,000,000 Each occurrence 8 Combined Single Limit
$5.000 Medical %y,ense Limit
WoAtat'a In accordance with Flmda Statutes 440, maintain workers compensation
Insurance to the extent required bylaw for all their employees to be engaged in
Compensation wont under this contract.
15. Payments.
15.1 Prompt Payment City shall make payment of a payment request in accordance with Chapter
218, Pan VII of the Florida Statutes 'Local Government Prompt Payment W from die date
which a property received payment request/Invoice is recorded as received by City, for Work
completed to the satisfaction of City.
15.2 Direct Purchases. The City reserves he right to make direct purchases of any materials and/or
equipment Included in the project. The City shad coordinate such purchases whh the Design -
Builder. To the extent requested by the City, the Design -Builder will be responsible for
coordinating the delivery, safekeeping, protection, Insuring (as to those dams that will be
Installed by Design -Bulkier), inspection, installation and testing of any materials purchased by
the City, and for the management and administration of any warranty, claims pertaining to such
materials and equipment FurthrmmnM, to the extent that any furnished and installed materials
directly purchased by the City were Included In the Design -Builders GMP, the GMP will be
reduced by the amount included for each Item.
15.3 Payment Requeshlinvoices. Requests for payment for the provision of the Work provided
under the Agreement shall be submitted no more frequently than orice per month, unless
stipulated differently In the Agreement or solicitation documents. All requests for
paymenUmvoices shell be submitted In sufficient detall to demonstrate compliance with the terms
of the Agreement and to allow for the proper pre -audit and post -audit thereof. Upon receipt of
Design Builder's payment requesUinvolce, the City will review to ensure completeness and that
the Work covered under the payment request has been completed In accordance with his
Agreement. It it is toted that the payment requesUlrndce is not complete, or the Work covered
under the payment request does not satisfy this Agreement, the payment request may be
rejected.
15A Progress Payments.
15.4.1 18t Application for Payment The first Application for Payment shall be submitted no
earlier than thirty (30) days following the issuance of the NTP. Prior to submitting its first
Application for Payment, Design Builder shall submit to City, for Its review and approval:
(1) A schedule o1 values based upon the GMP, listing the major elements of the Work and
the dollar value for each element; and
(2) A complete list of all its proposed subcontractors showing the work and materials
Involved and the dollar amount of each proposed subcontract and purchase order.
These submittals will be used as the basis for the submitted Applications for Payment.
15.4.2 Monthly Applications for Paymerd. Design -Built Firm shall submlt three (3) coples of
each prof Its Applicatiornns for Pfiayment to the City on or before the 25h day of each month fq!
the
lous
.onlh shall be com(dered forepaymentoas pan off he next montoas received thh'srappficaUm the 25th 8WI hm ten
(10) calendar days after receipt of each Application for Payment the City shall either.
(1) Indicate approval of the requested payment
(2) Indicate approval of only a portion of the requested payment, stating in writing the
reasons therefore; or
(3) Return the Application for Payment to the Design Builder indicating, In writing, he
reason for reusing to approve payment. In the event of a total or partial denial of the
Application for Payment, the Design Builder may make the necessary corrections and
resubmit the Application for Payment for reconsideration within ten (10) calendar days of
receiving notice of refusal.
City of Sebastian, Flodde / FenelM Comtrucdon Southem DNlslon Co., Ina (GMP)
RFD 21-04 Design Build Yacht Club Seawall Replacement Project Page 3 of 5
Monthly payments to Design -Build Firm shall In no way Imply approval or acceptance of
Design -Build Firms work.
15.4.3 Retalnage. City shall retain two percent (5%) of the gross amount of each monthly
payment request or five percent (5%) of the portion thereof approved by the City for
payment, whichever Is less, up to fifty percent (50%) completion. Thereafter, if on schedule,
the City shall retain two point five percent (2.5%) of the gross amount of each payment
request. Such sum shall be accumulated and not released to Design Builder until final
payment is due. Any interim interest on such sums shall accrue to City.
Due to circumstances beyond the Design Builder's control and at the City's sole discretion,
a percentage of the amount retained from the gross amount of each monthly payment may
be reduced prior to final complelicn of the Project and said percentage released to the
Design Builder upon receiving a certificate of completion and approval from the
ArchitectlEngmeer. Release of any portion or percentage of sums retained prior to final
completion of the Project shall in no way imply approval or acceptance of work
IkAA Withheld Payments. The City may decline to approve any Application for Payment, or
portions thereof, because of subsequently discovered evidence or subsequent inspections.
The City may nullify the whole or any part of any approval for payment previously issued
and withhold any payments otherwise due the Design Builder under this Agreement, to
such extent as may be necessary In the City's opinion to protect it from loss bemuse oc (a)
defective Work not remedied; (b) third party claims filed or reasonable evidence Indlmting
probable fling of such clalma; (a) failure of Design Builder to make payment property to
subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can
be completed for the unpaid balance of the GMP; or (a) any other material breach of the
Contract Documents. ff these conditions are not remedied or removed. City may, after three
(3) days written notice, rectify the same at Design Builders expense. City also may offset
against any sums due Design Builder the amount of any liquidated or unliquidated
obligations of Design Builder to City, whether relating to or arising out of this Agreement.
15.4 5 Final Payment. City shall make final payment to Design Builder within thirty (30)
calendar days after the Work Is Inspected and accepted by City in aoco lance with Section
10 herein provided.
Design Builder's acceptance of final payment shall constitute a full waiver of any and all
claims by Design Builder against City arising out of this Agreement or otherwise relating to
the Project, except those timlously made In writing and Identified as unsettled at the 11me
of the final Application for Payment. Neither the acceptance of the Work nor payment by
City shall be deemed to be a waiver of City's right to enforce any obligations of Design
Builders hereunder or to the recovery of damages for defective Work not discovered by the
City at the time of final Inspection.
15. Public Records: Design Bullder will keep and maintain public records required by the City to perform
the service. Upon request from the City's custodian of public records, Design Builder will provide the
City with a copy of the requested records or allow the records to be Inspected or copied within a
reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues,
or as otherwise provided by Yaw. Design Builder will ensure that the public records gal are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the term of the Agreement and following completion of the
Agreement it Design Builder does not transfer the records to the City. Upon completion of the
Agreement, Design Builder will transfer, at no cost, to the City all public records In possession of the
Design Builder or keep and maintain public records required by City to perform the service. d Design
Builder transfers all public records to City upon completion of the Agreement, Design Builder shall
destroy arty duplicate public records that are exempt or confidential and exempt from pudic records
disclosure requirements. It Design Builder keeps and maintains public records upon completion of the
Agreement, Design Builder shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the City, upon request from the City's custodian of
public records, in a format that is compatible with the Information technology system of the City. If
Design Builder does not comply with the City's request for public records, the City shall enforce the
provisions of the Agreement In accordance with the terns of the Agreement and may cancel the
Agreement.
City of Sebastian, Florida / FertelreConslructlon Swdtem 0(vlWon Co., Inc. (GMP)
RFQ 2144 Design Build Yacht pub Seawall Replacement Project Pepe 4 of 5
IF DESIGN BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO DESIGN BUILDER'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT JEANETTE WILLIAMS,
CUSTODIAN OF PUBLIC RECORDS, AT 122S MAIN STREET, SEBASTIAN, FL 32953;
EMAIL: jwilliams@cityofsebastian.org; PHONE: 772-3884215.
Indem iioaton. The Design Builder shall Indemnify and hold the City harmless from any and all
personal Injury or property damage claims, liabilities, losses or causes of action which may arise out of
the use and occupancy of the property by me Design Builder, its family, associates, Design Builders,
agents, employees, customers and attendees. This paragraph shall survive the expiration or termination
of this agreement. Nothing in this agreement shall be construed as the City waiving Its immunity pursuant
to §788.28, et seq., Florida Statutes, or any other sovereign or governmental Immunity.
IT. Disadvantage Business Enterprise (DBE). The DBE requirements of applicable federal and state
laws and regulations apply under this agreement, as defined in 49 C.F.R. Part 28. DBEs should have
a fair and equal opportunity to compete for dollars spent by the City of Sebastian to proctre
construction -related services. Design Builder shall use good faith efforts to ensure opportunities to
compete for and perform contracts are available on the Project.
18. Waiver. The delay or failure by City to exercise a enforce any of its rights under this Agreement shall
not conslilute or be deemed a waiver of City's right thereafter to enforce those rights, nor shall any
single or partial exercise of any such right preclude the Cfy of any other or further exercise thereof or
the exercise of any other right.
19. Sevembility. If a court deems any provision of the Agreement void or unenforceable, that provision
shall be enforced only to the extent that It is not in violation of law or la not otherwise unenforceable
and all other provisions shall remain In full force and effect.
20. Survival. Al express representations, waivers, indemnifications, and limitations of ilahgNy Included in
this Agreement will survive completion or termination of the Agreement for any reason.
21. Authority. Each person signing the Agreement warrants that he or she Is duly authorized to do so
and to bind the respective party to the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and
year noted above.
ATTEST (SEAL):
ansUeanette
Yam, t l)x bit ct ma
Williams, MMC
ITY CLERK
THE CITYX SEBASTIAN :
(•Cly)
BY:
ul E. artiste
CITY MANAGER
Approved as to form and legality for FERREIRA CONSTRUCTION_CO.,rINC.:
reliance by the City of Sebastian oni : ('Design Bin
BY:
Jo lsbaeari
C PRESIDENT
Ma
ATTO
City of Sebastian, Fbdde / Fereim Conebucldon Southern Division Ca., Inc (GNP)
RFQ 21.04 Design Build Yacht Club Seawall Replacement "act Page 5 of 5