HomeMy WebLinkAboutSDV Svs Construction Agrement Bid #2016-01Em
Bid# 2016-01. Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this day of ".
2016 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and SDV Services,
LLC, a State Certified General Construction Finn authorized and duly licensed to do business in the
State of Florida (herein referred to as CONTRACTOR), as follows:
DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance wi
the Contract Documents for the construction of improvements to Banana River Park Noril
Parking Lot, as set forth in the Scope of Services, attached hereto as Exhibit "Aand ful
incorporated by this reference ("Work").
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement;
Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by John
Pekar, P.E.; RFP Y12016-01; Documents issued by the CITY; CONTRACTOR'S Submittal;
General Conditions by the CITY; Supplemental Terms and Conditions by the CITY; and all
Change Orders approved by the CITY after execution of this Agreernent. These Contract
Documents are hereby incorporated into this Contract by this reference.
ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing
on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be
resolved by giving precedence in the following order:
11111 11 11 i 'N 111111
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Any inconsistency in the work description shall be clarified by the CITY and performed by
the CONTRACTOR.
AGREEMENT INTERPRETATION - At its discretion, during the course of the work,
Should any errors, ambiguities or discrepancies be found in the Agreement or specifications,
the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions
and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to
carry out the work in accordance with the decision of the CITY. When the material, article or
equipment is designated by a brand name and more than one brand name is listed, it will be
understood that the work is based on one brand name only. The CONTRACTOR will be
responsible for all coordination necessary to accommodate the material, article or equipment
being provided without additional cost to the CITY. A substitute material, article or equipment
City of Cape Canaveral/Contract®r
Page I of 12
Attachment I
Bid'H 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
is allowed if it is reasonably equivalent to the brand name specified. 'The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must
notify the crry prior to use of the substitute for a specified brand narneand allow the CITY
to make a determination before CONTRACTOR uses the substitute,
5, CONTRACTTIME -71ie CONTRACTOR shall be0i work witilin fourteen (1 4) days after
the issuance of a w6tten Notice to Proceed and shall complete the Work as follows:
• Substantial Conipletion—August 12, 2016
• Final Completion --August 26, 2016
Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. CITY and CONTRACTOR recognize that tinic is of the
essence of this Agreement and that CITY will suffer financial loss if the Work is not
substantially complete within the tinle specified in Paragraph 5 above, plus any extensions
thereof allowed in accordance with the General Conditions, They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by CITY if the Work is not substantially completed oil time, Accordingly, instead of
requiting any such proof, CITY and CONTRACTOR agree ilia( as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay CITY one hundred dollars ($ 100,00)
per day for each day that expires after the time specified in Paragiraph 5 for final conipletion
until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of ten ($ 10.00) dollars as consideration for this provision.
7, CONTRAC Th
LF_ PRICE, NYr PRICE CONTRACT - e CITY will pay
CONTRACTOR in current funds for the perforniance of the work, subJect to additions ai
deductions by Change Order, the Total Contract Price of Nin
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011,111111 MINIMUM No
TERMINATIOD CITY'S REMEI)-U?,S - The
CITY reserves the light to revoke and temlinate this Agreement and rescind all rights mid
privileges associate([ with tlris Agreement, without penalty, for convenience. Further, the
CITY reserves the right to revoke and terminate this Agreement in the following
circurnstances, each ofwhich shall representa default and breach of this Agreenient:
� a,
CONTRAC'FOR defaults in the performance of any inataial covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days afler
written notice fi-orn the CITY spccifying the default complained of unless, however, the
nature of the default is such that it cannot, in the exercise of reasonable diligence, be
remedied within seven (7) calendar days, in which case the CONTRACTOR shall have
such time as is reasonably necessary to remedy the default, provide(] the CGNTRACTOR
promptly takes diligently pursues such actions as are necessary therefore; or
City of Cape Canaveral/Contractor
Page 2 of 12
Attachment I
Bid# 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
is allowed if it is reasonably equivalent to the brand name specified. The CITY has full
discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must
notify the CITY prior to use of the substitute for a specified brand name and allow the CITY
to make a determination before CONTRACTOR. uses the substitute.
5. CONTRACT TIME - The CONTRACTOR shall begin work within fourteen (14) days after
the issuance of a written Notice to Proceed and shall complete the Work as follows:
• Substantial Completion — August 12, 2016
• Final Completion —August 269 2016
Extensions, if any, are authorized by CITY, and may only be granted in writing.
6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the
essence of this Agreement and that CITY will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph 5 above, plus any extensions
thereof allowed in accordance with the General Conditions. They also recognize the delays,
expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by CITY if the Work, is not substantially completed on time. Accordingly, instead of
requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR. shall pay CITY one hundred dollars ($100.00)
per day for each day that expires after the time specified in Paragraph 5 for final completion
until the work is finally complete, and that CITY has paid to CONTRACTOR the
consideration of ten ($10.00) dollars as consideration for this provision.
7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the
CONTRACTOR in current funds for the perforinance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of Nminety Three Thousand Seven
Hundred Forty'rwo Dollars ($22,2L2.00). Payments will be made to the CONTRACTOR for
actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the
RFQ, which shall be as fully a part of the Contract as if attached or repeated herein.
8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The
CITY reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated. with this Agreement, without penalty, for convenience. Further, the
CITY reserves the right to revoke and terminate this Agreement in the following
circumstances, each of which shall represent a default and breach of this Agreement:
.1
a. CONTRACTOR defaults in the performance of any material covenant or condition
this Agreenient and does not cure such other default within seven (7) calendar days aft
written notice from the CITY specifying the default complained of unless, however, t
nature of the default is such that it cannot, in the exercise of reasonable dgence, bip
remedied within seven (7) calendar days, in which case the CONTRACTOR shall hal
i ONE 008201�j;
City of Cape Canaveral/Contractor
Page 2 of 12
Attachment I
Bid# 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefit of
creditors or CONTRACTOR becomes insolvent, or is unable or unwilling to pay its debts;
or
c. CONTRACTOR has acted negligently, as defined by general and applicable law, in
performing the Work hereunder; or
d. CONTRACTOR has committed any act of fraud upon the CITY; or
e. CONTRACTOR has made a material misrepresentation of fact to the CITY while
perfon-ning its obligations under this Agreement; or
f CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial,
adverse impact upon performance of this Agreement without prejudice to any other right,
or remedy CITY may have under this Agreement.
Notwithstanding -the aforementioned, in the event ot�a -deld-Lift-UTCUNT'KA-UT -V&-, Tfi-eT-TT7
shall have the right to exercise any other remedy the CITY may have by operation of law,
without limitation, and without any further demand or notice. In the event of such ten-nination,
CITY shall be liable only for the payinent of all unpaid charges, determined in accordance
with the provisions of this Agreement, for Work properly performed prior to the effective date
of ten-nination.
9FORCE MAJEURE - Any delay or failure of either party in the performance of its required
obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windston-n; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor
force); extraordinary breakdown of or darnage to CITY's affiliates' generating plants, their
equipment or faces; court injunction or order; federal and/or state law or regulation; order
by any regulatory agency; or cause or causes beyond the reasonable control of the party
affected; provided that prompt notice of such delay is given by such party to the other and
each of the parties hereunto shall be diligent in attempting to remove Such cause or causes. If
any circumstance of Force Majeure remains in effect for sixty days, either party may terminate
this Agreement.
10. SEVERABtLITY - In the event any portion or part. thereof of this Agreement is deemed
7 -
invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at
the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the
affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable
IL PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract
price to CONTRACTOR, on the basis of application for payments submitted to the CITY or
CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with
the Contract Documents,
City of Cape Canaveral/Contractor
Page 3 of 12
Attachment I
Bid# 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
Progress payments may be withheld if
a. Work is found defective and not remedied;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished hirn;
f In the opinion of the CITY, CONTIZACTOR'S work is not progressing satisfactorily.
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b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens; or
City of Cape Canaveral/Contractor
Page 4 of 12
Attachinent I
Bid# 2016-01 Banana. River Park North Parking Lot Improvements
Cape Canaveral, Florida
d. Failure of CONTRAC'I"'OR. to comply with any special guarantees required by the
Contract Documents.
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUTHORITY - The duties and authority of the CITY are as
follows:
a. General Administration of Contract. The primary function of the CITY is to
provide the general administration of the contract. In performance of these duties, Gustavo
Vergara or his authorized representative is the CITY's Project Manager during the entire
period of construction. The CITY may change the Project Manager during the term of this
contract.
T
the progress and quality ol the work by UUN I &A(- I U -K and may make periouic visits to
the work site. The CITY will not be responsible for the means of construction, or for the
sequences, methods and procedures used therein, or for the CONTRACTOR's failure to
perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the
worksite at all times during work preparation and progress, The Project Manager is not
obligated to make exhaustive or continuous on site inspections to perforin his duties of
checking and reporting on work progress, and any such inspections shall not waive
CITY's claim regarding defective work by CONTRACTOR.
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and disputes between CONTRACTOR and CIT'Y.
e. Reiection and Stoppage of Work. The CITY shall have authority to reject work
which in its opinion does not conionn to the Contract Documents, and in this connection
may stop the work or a portion thereof, when necessary.
f. Payment Certificates. The CITY will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
CITY's inspections and observations, and will issue certi.ficates for progress payments and
final payments in accordance with the terrns of the Contract Documents.
14, PROGRESS MEETING — CITY's Project Manager may hold periodic progress meetings
on a monthly basis, or more frequently if required by the CITY, during the ten -n of work
entered into under this Agreement. CONTRACTOR's Project Manager and all other
appropriate personnel shall attend such meetings as designated by the CITY's Project
Manager.
City of Cape Canaveral/Contractor
Page 5 of 12
Attachment I
Bid# 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
15, RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
a. CONTRACTOR shall be solely
responsible for all construction under this contract, including the techniques, sequences,
procedures and means, for the coordination of all work, CONTRACTOR shall supervise
and direct the work, and give it all attention necessary for such proper supervision and
direction.
b. CONTRACTOR shall maintain at all times stri-"
discipline among his employees, and he agrees not to employ -for work on the project a
person unfit or without sufficient skill to perforni the job for which lie was employed.
c. Furnishin2of Labor Mylateriia=ls..etc. CONTRACTOR. shall provide mid pay to
I i_
labor, materials and equipment, including tools, construction equipment and machin .
utilities, includiii, nsportation', and all other facilities and work necessWp for It
proper completion of work on the project in accordance with the Contract Documents.
d. Pament of Taxes: Procurement of Licenses and Permits. CONTRACTOR sh
secure all licenses and permits necessary for proper completion of the work, paying t
fees thereof CONTRACTOR warrants that it (and subcontractors or tradesmen,
-�WAIU4 io6lovoww--01 4*�w -1
required by law for CONTRACTOR to undertake the contract work.
e. CONTRACTOR will provide written guarantee for work and materials for one
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
7
rights or any monies due or to become due hereunder without the prior, written consent of the
CITY.
a. If upon receiving written approval from CITY, any part of this Agreement is
subcontracted by CONTRACTOR., CONTRACTOR shall be fully responsible to CITY
for all acts and/or omissions performed by the subcontractor as if no subcontract had been
made.
b. If CITY determines that any subcontractor is not perfonning in accordance with this
Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to
remedy the situation,
c. If CONTRACTOR., prior to the commencement of any Work subcontracts any part
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor
provide CITY and its affiliates with insurance coverage as set forth by the CITY. I
City of Cape Canaveral/Contractor
Page 6 of 12
Attachment I
Bid# 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
IT THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other Than CITY and CONTRACTOR.
18. PROHIBITION AGAINST CONTINGENT FEES - CONTRACTOR warrants that it has
not employed or retained any company or person, other than a bona fide employee working
solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person, company, corporation, individual, or finn, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deerned to create a joint venture or
principal -agent relationship between the parties and neither party is authorized to, nor shall
either party act toward third persons or the public in any manner which would indicate any
such relationship with the other party.
20. INDEMNIFICATION — For other and additional good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall
indemnify, hold harmless and defend the CITY, its officers, agents, officials, representatives,
employees, and/or attorneys against any and all liability, loss, cost, darnages, expenses, claim
or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial
and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of,
wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors,
contractors, subcontractor(s), representatives, servants or employees in the execution.,
perforinance or non-perfon-nance or failure to adequately perform CONTRACTOR's
obligations pursuant to this Agreement.
expense or to provide for such defense, at the sole option of the CITY, as the case may be, of
any and all claims of liability and all suits and actions of every name and description that may
be brought against the CITY, its offeers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
performed by the indenirii.fying party or anyone directly or indirectly employed or hired by
them. In all events the CITY shall be permitted to choose legal counsel of its sole choice, the
fees for which shall be subject to and included with this indemnification provided herein, as
long as said fees are reasonable. This paragraph shall survive tennination of this Agreement.
21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all
liability for the safety and supervision of its principals, employees, contractors, and agents
while performing work provided hereunder.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the CITY the following:
City of Cape Canaveral/Contractor
Page 7 of 12
Attachment I
Bid# 201601 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
a. CONTRACTOR is duly registered and licensed to do business in the State of Florida
and is in good standing under the laws of Florida, and is duly qualified and authorized to
carry on the functions and operations set forth in this Agreement.
b. The undersigned signatory for CONTRACTOR has the power, authority, and the leg
right to enter into and perforrn the obligations set forth in this Agreement and a
applicable exhibits thereto, and the execution, delivery, and performance hereof b
CONTRACTOR has been duly authorized by the board of directors and/or president
CONTRACTOR. In support of said representation, CONTRACTOR agrees to providel
copy to the CITY of a corporate certificate of good standing provided by the State
Florida prior to the execution of this Agreement.
c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the
work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR
agrees to provide a copy of all said licenses to the CITY prior to the execution of this
Agreement.
23. BOND - CONTRACTOR shall supply a materials, perfonnance and payment bond(s) in form
approved by the CITY's City Attorney and in accordance with Florida law and in an amount
specified in the Contract Documents.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for
providing the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the
minimum amount of $2,000,000 as the combined single limit for each occurrence to
protect the CONTRACTOR from claims of property damages which may arise from any
Work performed under this Agreement whether such Work is performed by the
CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
bThe CONTRACTOR shall maintain comprehensive automobile liability insurance in
the minimum amount of $1,000,000 combined single limit bodily iijjury and minimum
$1,000,000 property darnage as the combined single limit for each occurrence to protect
the CONTRACTOR frorn claims for damages for bodily injury, including wrongful death,
as well as from claims from property damage, which may arise from the ownership, use,
or maintenance of owned and non -owned automobiles, including rented automobiles
whether such operations be by the CONTRACTOR or by anyone directly or indirectly
employed by the CONTRACTOR.
c. The CONTRACTOR. shall maintain, during the life of this Agreement, adequate
Workers' Compensation Insurance in at least such amounts as are required by law and
Employer's Liability Insurance in the minirnum amount of $2,000,000 for all of its
employees perforrning Work for the CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements herej
identified shall be maintained during the term of this Agreement. A copy of a curre
City of Cape Canaveral/Contractor
Page 8 of 12
Attachment. I
Bid# 2016-0 1. Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective
Date of this Contract which satisfies the insurance requirements of this paragraph 24, Renewal
certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a
30 -day advance written notification to the CITY in the event of cancellation or modification of
any stipulated insurance coverage. The CITY shall be an additional named insured on all
stipulated insurance policies as its interest may appear, from time to time, excluding
workers' compensation and professional liability policies.
Independent Associates and Consultants. All independent contractors or agents employed
by CONTRACTOR to perforin any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIATION/VENUE - The parties agree that should any dispute arise between theni
regI rding the terms or performance of this Agreement, both parties will participate in
mediation. The patties agree to equally share the cost of the mediator, Should the parties fail to
resolve their differences through mediation, then any cause of action filed 11 ereunder shall be
filed in the Circuit or County Court for Brevard County, Florida.
26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted,
construed, governed, and enforced in accordance with the laws of the State of Florida. Venue
for any state action or litigation shall be Brevard County, Florida. Venue for any federal action
or litigation shall be Orlando, Florida.
2T ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this
Agreement, the prevailing party shall be entitled, to the extent pennitted by law, to recover
liom the non -prevailing party the costs and expenses of such action including, but not limited
to, reasonable attomey's fees, whether at settlement, trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid., to th*
Applicable party at the address shown on page I I of this Agreement.
29. WORK IS A PRIVATE UNDERTAKING - With regard to any and all Work perfon-ned
hereunder, it is specifically understood and agreed b and. between the parties hereto that
the contractual relationship between the CITY and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the CITY. The
CONTRACTOR., its contractors, partners, agents, and their employees are independent
contractors and not ernployees of the CITY. Nothing in this Agreement shall be interpreted to
establish any relationship other than that of an independent contractor, between the CITY, on
one hand, and the CONTRACTOR, its contractors, partners, employees, or agents, during or
after the performance of the Work under this Agreement.
M DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes,
CONTRACTOR agrees that all documents, transactions, writings, papers, letters, tapes,
photographs, sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to this
City of Cape Canaveral/Contractor
Page 9 of 12
31 SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in th
�Kgreernent, nothing contained in this Agreement shall be construed as a waiver of the CITY'
right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY
potential liability under state or federal law, As such, the CITY shall not be liable, under th
Agreement for punitive damages or interest for the period before j udgment, Further, the Cl
shall not be liable for any claim or judgment, or portion thereof, to any one person for mo
than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portio
thereof, which, when totaled with all other claims or judgments paid by the State or i
agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum
three hundred thousand dollars ($300,000.00).
31 HEADINGS - Paragraph headings are for the convenience of the parties only and are not to
be construed as part of this Agreement.
33. INTEGRATION-_ MODIFICATION - The drafting, execution, and delivery of this
Agreement by the Parties has been induced by no representations, statements, warranties, or
agreements other than those expressed herein. This Agreement embodies the entire
Linderstanding of the parties, and there are no further or other agreements or understandings,
City of Cape Canaveral/Contractor
Page 10 of 12
Attachment I
Bid# 2016-01 Banana River Park North Parking Lot Improvements
Cape Canaveral, Florida
written or oral, in effect between the parties relating to the subject matter hereof unless
expressly referred to herein. Modifications of this Agrecinent shall only be made in writing
signed by both parties.
34WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any terms or
provision of this Agreement shall not be considered a waiver of that term, condition, or
provision in the future. No waiver, consent, or modification of any of the provisions of this
Agreement shall be binding unless in writing and sigried by a duly authorized representative of
each party hereto, This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
35. DRAFTfNG - CITY and CONTRACTOR each represent that they have both shared equally
in drafting this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
36. NOTICE - Any notice, request, instruction, or other document to be given as pail of this
Agreement shall be in writing and shall be deemed given under the following circumstances:
when delivered in person; or three (3) business days after being deposited in the United States
Mail, postage prepaid, certified or registered; or the next business day after being deposited
with a recognized overnight mail or courier delivery service; or when transmitted by facsimile
or telecopy transmission, with receipt acknowledged upon transmission; and addressed as
follows (or to such other person or at such other address, of which any party hereto shall have
given written notice as provided herein):
FoLCity.
City of Cape Canaveral
David L. Greene, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220
For Contractor:
—SDV Services, LLCM __
F. Del Kelley
1514 S Wqshin on Ave.
Titusville FL. 32780
Phone:
Fax:
Either party may change the notice address by providing the other party written notice of the
change.
City of Cape Canaveral/Contractor
Page 11 of 12
Attachment I
Bid# 2016-01 Banana River Park. North Parking Lot Improvements
Cape Canaveral, Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
Print Name: -M�LLL , �i, --h,,-
Print Name:
Attest:
By:
Daniel LeFever, Deputy C.Ity Clerk
...... .. 1, MOLLY ASAIGAIL THOMAS
or�# F FExpiresIIV 3 15
Commission
My Co " ""'S' 0 n
30, Ole
Commission 0 FF 1 19375
MV Comniission
Apjf;� 30, 2018
CONTRACTOR:
0
Title:
"UMAIN]", 114: 16m,
By: L'NW4 %-Z --
David L. Greene, City Manager
DateA/A/�L�
City of Cape Canaveral/Contractor
Page 12 of 12
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Dear Mr. Vergara:
Upon reviewing our contract, we have determined there is an opportunity for value cost savings. Pursuant toour
conversation I offer the following for your review.
• Eliminate the requirement for aPayment & Performance Bond.
o $93,742.00@2.596=$2343.55
o Owner shared value savings $1I71.7Q
o Contract credit tmOwner $1171.70
• S0Vintends 10complete all work and provide only two pay applications.
o The initial pay application will be submitted for 90% of the contract and will include all final lien releases
from subcontractors and suppliers.
o The final application will be submitted within 30 days of final completion.
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(,)�21)267'7073Fax� 267-22ll
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CERTIFICATE OF LIABILITY INSURANCE DATE ,0
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holdercertificate Yvonne -Parrish-
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PHONE
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Titusville 32781-€3278 INSURERA:Southern Ousters
INSURED BNSURERBOwe rB Insu anc
SDV Services LLC INSURERC:
1514 S Washington Ave INRURER f1
Titusville FL 327$4
INSURER F:
COVERAGES CERTIFICATE 6 UMBER.1 E
REVISION NUMBER:
THIS
IS TO CERTIFY THAT THE POLICIES
OF
INSURANCE
LISTED BELOW HAVE BEEN
ISSUED TO
T HE INSURED
NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,
NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY
CONTRACT
OR OTHER
DOCUMENT WITH RESPECT TO
WHICH THIS
CERTIFICATE
MAY BE ISSUED OR MAY
PERTAIN,
THE INSURANCE. AFFORDED BY
T1IE POLICIES
DESCRIBED
HEREIN IS SUBJECT TO ALL
THE TERMS,
EXCLUSIONS
AND CONDITIONS OF SUCH
POLICIES,
LIMIT'S SHOWN MAY HAVE BEEN
REDUCED BY
PAID CLAIMS.
ILTR
j......................_...
I TYPE OF INSURANCE
AD
POLICY NUMBER ��----._...._.POLICY
EFF_...
POLICY EXP
LIMITS
____.. _____.
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
S
1,000,000
A
R OCC
IMS -MADE U
CLA�^�
DAMA
P { M.gwurrence)
S
54,404
X
Y
72737188
12/1/2015
12/1/2016
MEDEXP(Anyofrepeason)S
5,000
PERSONALAADV INJURY
$
10000,000
GENL
AGGREGATE LIMIT APPLIES PER'.
GENERAL. AGGREGATE
S
2,000,000
POLICY PRO-
JECT LOC
PRUUUGTS COPAPlOP AGG
$
_ 2,000,000
—
S
OTHER:
AUTOMOBILE
_._
LIABILITY
h FINED StNGLE LIMIT
1FS acctdent-------'_._
S
1,000,000
ANY AU1 O
BODILY INJURY (Per person)
$
BX
..
ALL OVbIVED ..._. SCItEDULED
AUTOS AUTOS
4864963500
3/1/2016
3/1/2017
BODILY INJURY (Per acudent)
S
X
f ON-01ATIED
PROPERTY DAt49AGE
S
HIREDAIiTOS AUTOS
PerecGden
Unlnsved motorist BI s fit limit
S
100,000
UMBRELLA LIAB OCCUR
EACH OCCURRENCE
S
EXCESS LIAB C(A1%1S_MA0E
AGGREGATES
........__..-----..._---
EO RENTION
OJ_J ET
5
_
WORKERS COMPENSATION
PER TH-
AND EMPLOYERS°LIABILITY YIN
-STATUTE ER
ANY PROPRIETOWPARTNERIEXECUTIVE
F..L- EACH ACCIDENT
S
OFFICEWMEMBER EXCLUDED? ` NIA
-_-.__—.—_.—_._..........__.._____----------------
_..................._..„.._.
�.
t __J
(Mandatory In NH) ..'
(Mandatory
E -L_ DISEASE - EA EIRPLOYE
S
If yes, describe under
------....�....____._._..._._......__
DESCRIPTION OF OPERATIONS betoa
E.L. DISEASE - POLICY LIMIT
S
DESCRIPTION OF OPERATIONS I LOCATIONS t VSHICLES (ACORD 103, Additional Remarks Schedule, may be attached If more space Is required)
-
Project Name: Banana River Park 'North Parking Lot Improvements
CERTIFICATE HOLDER � CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Cape Canaveral THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Culture & Leisure service Department ACCORDANCE WITH THE POLICY PROVISIONS.
105 Folic .Ave p
Cape Canaberal, FL :2920 AUTHORIZED REPRESENTATIVE
C51988-2014 ACORD CORPORATION. All rights reserved.
ACORD 26 (2014101) The ACORD narne and logo are registered Inarks of ACORD
INS026 oriunl l