HomeMy WebLinkAboutSWG Construction Agreement RFQ #2016-01RFC, # 2016-01 Banana River Park Putting Green & Bocce Court
Cape Canaveral, Florida
CONSTRUCTION AGREEMENT
This Agreement made this _L� day of '� �) IvN,42— 5 2016 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and Southwest Greens
of Florida,Ll.�C, 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:
ureen anu oocce lt-7777, as set iorTn in 7117,57717 71 TUM Vwvs,
and fully 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, r' #2016-01; 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 Agreement. These Contract
Documents are hereby incorporated into this Contract by this reference.
3. 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:
APS
Any inconsistency in the work description shall be clarified by the CITY and performed by
the CONTRACTOR.
4. AGREEMENT INTERPRETATION - At its discretion, during the course of the work,
sh uld 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/Contractor
Page 1 of 12
Attachment 2
RFQ#- 2016-01 Banana River Park Putting Green & Bocce Court
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 — July 29, 2016
• Final Completion —August 12, 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 ally 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 darnages 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 performance of the work, subject to additions and
deductions by Change Order, the Total Contract Price of Sixty One Thousand Dollars
($1 ��'.0�O . 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
pail of the Contract as if attached or repeated herein.
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:
a. CONTRACTOR defaults in the performance of any material covenant or condition
this Agreement 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 diligence,
remedied within seven (7) calendar days, in which case the CONTRACTOR shall I.
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such time as is reasonabl i necessari to remedi the default vi ed the CONTRAcTo
City of Cape Canaveral/Contractor
Page 2 of 12
Attachment 2
RFC # 2016-01 Banana River Park Putting Green & Bocce Court
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
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c. CONTRACTOR has made a material. misrepresentation of fact to the CITY while
performing its obligations under this Agreement; or
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or remedy CITY may have under this Agreement.
11otwithstanding t e aT67—ementioned, in the event OIT-de7a—u7f-F3i-�--,=IT-i�-Cl-UW7UTe7--TT-T-
shall have the right to exercise any other reinedy the CITY may have by operation of law,
without limitation, and without any further demand or notice. In the event, of such termination,
CITY shall be liable only for the payment of all unpaid charges, determined in accordance
with t rovisions of this A--eement-for Work. %ro(terl- wetformed (triorto the effective date
of ten-nination.
9. FORCE MAJEURE - Any delay or failure of either party in the performance of its required
ligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor
force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their
equipment or facilities; 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. SEVERABILITY - 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 i�n the
affected provision of this Agreement. The validity and enforceability of the remaining parts of
this Agreement shall otherwise be fully enforceable
11. 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 2
RFQ# 2016-01 Banana River Park Putting Green & Bocce Court
Cape Canaveral, Florida
Progress payments may be withheld if
CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment famished him;
I' I I I III I I I I ME � I
e. Claims or liens are filed on the job; or
f In the opinion of the CITY, CONTRACTOR'S work is not progressing satisfactorily.
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By making payments, CITY does not waive claims including but not limited to those relating
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IN I I I I III I III I I I III III !I � !I I!! I 1 11 11� I
City of Cape Canaveral/Contractor
Page 4 of 12
Attachment 2
RFC # 2016-01 Banana River Park Putting Green & Bocce Court
Cape Canaveral, Florida
d. Failure of CONTRACTOR 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
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,
b, The CITY shall be kept familiar with
the progress and quality of the work by CONTRACTOR and may make periodic 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 Docurnents.
c. Access toWorksite for Inspections. The CITY shall be given free access to the
woZ—iteat all times during work preparation and progress. The Project Manager is not
obligated to make exhaustive or continuous on site inspections to perforrn his duties of
checking and reporting on work progress, and any such inspections shall not waive
CITY's claim regarding defective work by CONTRACTOR..
d. Interpretation of Contract Documents: Decisions on Disputes. The CITY will be
and disputes between CONTRACTOR and CITY.
e. Reiection andStoppAgE_2off Work. The CITY shall have authority to reject work
which in its opinion does not conform 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';�, and will issue certificates for pro#-, tLaLrj4prnents and
final payments in accordance with the terms of the Contract Documents.
14. PROGRESS MEETING — Cl 's Project Manager may hold periodic progress meetings
on a monthly basis, or more frequently if required by the CITY, during the to 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 2
RFQ# 2016-01 Banana River Park Putting Green & Bocce Court
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.ia, all maintain at all times stri 91
discipline among his employees, and he agrees not to employ for work on the project an
person unfit or without sufficient skill to perform the job for which he was employed.
c. Furnishing of Labor Materials, etc. CONTRACTOR shall provide and pay for a,
labor, materials and equipment, including tools, construction equipment and machiner
'7110 Ntti nm water, transyortationl. and all other facilities and work necessIm lul Ll
proper completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes -Procurement of Licenses and Permits. CONTRACTOR sh
secure all licenses and permits necessary for proper completion of the work, paying
fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen,
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 perforining 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 of
this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to
provide CITY and its affiliates with insurance coverage as set forth by the CITY.
City of Cape Canaveral/Contractor
Page 6 of 12
Attachment 2
RFQ#- 2016-01 Manana River Park Putting Green & Bocce Court
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 firm, other than a bona fide
employee working solely for the CONTRACTOR, any fee, commission, percentage, gill, or
other consideration contingent upon or resulting from the award or making of this Agreement.
19. NO JOINT VENTURE - Nothing herein shall be deemed 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
indernnify, 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,
performance or non-performance or failure to adequately perform CONTRACTOR's
obligations pursuant to this Agreement.
I I cl I IIUUITILJ MIU all NU10 a
be brought against the CITY, its officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
perfort-ned. by the indemnifying 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 termination 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.
21 CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and warrants to the CITY the following:
City of Cape Canaveral/Contractor
Page 7 of 12
RFQ# 2016-01 Banana River Park Putting Green & Bocce Court
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 legal
right to enter into and perform the obligations set forth in this Agreement and all
applicable exhibits thereto, and the execution, delivery, and perform. ance hereof by
CONTRACTOR has been duly authorized by the board of directors and/or president of
CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a
copy to the CITY of a corporate certificate of good standing provided by the State of
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 —Per Florida Statute, no bond will be necessary for th�is project.
24. INSURANCE - During the terrn 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 arnount of $2,000,000 as the combined single limit for each occurrence to
p, -7,i mz�04f
Work performed under this Agreement whether such Work is perfortned by the
CONTRACTOR or by anyone directly employed by or contracting with the
CONTRACTOR.
bThe CONTRACTOR shall maintain comprehensive automobile liability insurance in
the minimurn amount of $1,000,000 combined single limit bodily injury and minimum
$1,000,000 property damage as the combined single limit for each occurrence to protect
darna�Ves for bodily injuqu, including-miongful 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 minimum amount of $2,000,000 for all of its
employees performing Work for the CITY pursuant to this Agreement.
Special Requirements. Current, valid insurance policies meeting the requirements here
identified shall be maintained during the term of this Agreement. A copy of a curre
j
Certificate of Insurance shll be provided to the CITY by CONTR
aACTOR upon the Effecti
v
U 1PL�tf-tbi&-C of ��2 i24. Renew
City of Cape Canaveral/Contractor
Page 8 of 12
31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this
Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's
right to sovereign immunity under Section 768.28, or other limitations imposed on the CITY's
potential liability under state or federal law. As such, the CITY shall not be liable, under this
Agreement for punitive damages or interest for the period before judgment, Further, the CITY
shall not be liable for any claim or judgment, or portion thereof, to any one person for more
than two hundred thousand dollars ($200,000,00), or any claim or judgment, or portion
thereof, which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the sarne incident or occurrence, exceeds the surn of
three hundred thousand dollars ($300,000.00).
32. 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 Patties has been induced by no representations, statements, warranties, or
agreements other than those expressed herein, This Agreement embodies the entire
understanding of the parties, and there are no further or other agreements or understandings,
City of Cape Canaveral/Contractor
Page 10 of 12
Attachment 2
RFQ# 2016-01 Banana River Park Putting Green & Bocce Court
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 Agreement shall only be made in writing
signed by both parties.
34WAIVER AND ELE'C'T..1,ON OF REMEDIES - Waiver by either party of any terms or
provision of this Agreement shall not be considered a waiver of that ten -n, 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 signed by a duly authorized representative of
each party hereto, This Agreement may be executed in any number of counterpara
ts, ech 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. DRAFTING - 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, instniction, or other document to be given as part 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 afler 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):
FQr City:
City of Cape Canaveral
David L. Greene, City Manager
105 Polk. Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1220
Fax: 321-868-1224
For Contractor:
Southwest Greens of FlQnda LLC
ill Hatfield
I �475 Riverside Drive
Palm Beach Q
Lardens
EL. 33410
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 I I of 12
Attachment 2
RFQ# 20 16-01 Banana River Park Putting Green & Bocce Court
Cape Canaveral, Florida
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written,
WITNESSES:
Print Name:
....... . .......... . . ..
Print Narne: 1�b /n
Attest:--,
el,
By:
WaTdof6rth, City Clerk
CONTRACTOR:
rd m' -
im
Name:""J"
Title:
o0
David L. Greene, City Manager
D 6 � / ('�-7
ate--
City of Cape Canaveral/Contractor
Page 12 of 12
I
TO: Gustavo Vergara; Bill Hatfield; File
FROM: John A. Pekar, PE
SUBJECT: Minutes of Banana River Park Putting Green (Phase 2) Pre -Construction Meeting
At 10:00 a.m. on June 1, 2016 a pre -construction meeting was held with contractors for Banana
River Park's putting green with the following persons in attendance:
Bill Hatfield, Southwest Greens
Gustavo Vergara, CCC Leisure Services
John A. Pekar, PE, CCC Consulting Engineer
The attached agenda was followed with the following understandings and agreements, (Responses
refer to agenda item numbers).
1. Contractor to email J. Pekar with key personnel and phone numbers. J. Pekar will issue a
contact sheet to all team members.
2. Tentative start date for work is July 5, 2016. Both segments (putting green and bocce courts)
of the work may be done concurrently or as separate phases. All work, both phases, to be
completed on or before August 15, 2016. Contractor to give at least one week's notice before
work begins.
The putting green materials and layout were discussed in detail. Contractor explained the
construction procedures and how the various layers are constructed for the putting greet). The
speed of the putting green surface can be adjusted (faster) by rolling and placement of
additional infill. Southwest will revisit the site following construction in 2 to 3 months to
adjust the putting green surface speed. The edge treatment of the putting green was discussed
for options to provide a maintenance buffer from regular park grass cutting. It was decided
that Contractor will provide and install I V2" tan river rock around the perimeter of the green by
digging a 4" deep by V wide trench as the edge treatment of the green. The total area of the
putting green will remain at 1,300 s.f. The putting green location will be staked in the field,
prior to construction, and approved by the City. (The bocce courts and shelter will also be
staked at this time.)
4. The only utility in the construction area is the sewer lateral from the pavilion. This line is ,
approximately 4' deep and will be marked by the City on a record drawing for the contractor
prior to their work,
JOHN A. PEKAR, P.E, LLC
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TO: Gustavo Vergara; Bill Hatfield; File
FROM: John A. Pekar, PE
SUBJECT: Minutes of Banana River Park Putting Green (Phase 2) Pre -Construction Meeting
At 10:00 a.m. on June 1, 2016 a pre -construction meeting was held with contractors for Banana
River Park's putting green with the following persons in attendance:
Bill Hatfield, Southwest Greens
Gustavo Vergara, CCC Leisure Services
John A. Pekar, PE, CCC Consulting Engineer
The attached agenda was followed with the following understandings and agreements, (Responses
refer to agenda item numbers).
1. Contractor to email J. Pekar with key personnel and phone numbers. J. Pekar will issue a
contact sheet to all team members.
2. Tentative start date for work is July 5, 2016. Both segments (putting green and bocce courts)
of the work may be done concurrently or as separate phases. All work, both phases, to be
completed on or before August 15, 2016. Contractor to give at least one week's notice before
work begins.
The putting green materials and layout were discussed in detail. Contractor explained the
construction procedures and how the various layers are constructed for the putting greet). The
speed of the putting green surface can be adjusted (faster) by rolling and placement of
additional infill. Southwest will revisit the site following construction in 2 to 3 months to
adjust the putting green surface speed. The edge treatment of the putting green was discussed
for options to provide a maintenance buffer from regular park grass cutting. It was decided
that Contractor will provide and install I V2" tan river rock around the perimeter of the green by
digging a 4" deep by V wide trench as the edge treatment of the green. The total area of the
putting green will remain at 1,300 s.f. The putting green location will be staked in the field,
prior to construction, and approved by the City. (The bocce courts and shelter will also be
staked at this time.)
4. The only utility in the construction area is the sewer lateral from the pavilion. This line is ,
approximately 4' deep and will be marked by the City on a record drawing for the contractor
prior to their work,
TO: Gustavo Vergara; Bill Hatfield; File
SUBJECT: Minutes of Banana River Park Bocce Courts (Phase 3) Pre -Construction Meeting
At 10:00 a.m. on June 1, 2016 a pre -construction meeting was held with contractors for Banana
River Park's bocce ball courts with the following persons in attendance:
Bill Hatfield, Southwest Greens
Gustavo Vergara, CCC Leisure Services
John. A. Pekar, PE, CCC Consulting Engineer
The attached agenda was followed with the following understandings and agreements. (Responses
refer to agenda item numbers).
1. Contractor to email J. Pekar with key personnel and phone numbers. J. Pekar will issue a
ME=
2. Tentative start date for work is July 5, 2016. Both segments (putting green and bocce courts)
of the work may be done concurrently or as separate phases. All work, both phases, to be
completed on or before August 15, 2016. Contractor to give at least one week's notice before
work begins.
I The bocce courts were reviewed as to proposed materials and construction. The proposed 5'
sidewalk between courts would also have 2.0' of synthetic grass between the sidewalk edges
and bocce courts. Some green colored infill will be used to promote a green grass surface.
Edge treatments of the bocce courts will be a special treated rail system. Bocce playing lines
will be marked on the sides of the courts. The City will supply the bocce balls.
4. The only utility in the construction area is the sewer lateral from the pavilion. This line is
approximately 4' deep and will be marked by the City on a record drawing, for the contractor
prior to their work.
5. Access to the site will consider ramping off the existing parking lot (i.e., protecting curb and
sidewalk) or removing the Thurm Boulevard sidewalk fence and going through the south sid
The contractor will cut sod in the work area and this will be available for City use or patchin
within construction zones. I
6. A city grading plan for the courts was given to the contractor. The erosion control plan will
provide for soil erosion/runoff containment to the south of the park.
JOHIN A, PEKAR, A.A., UC
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TO: Gustavo Vergara; Bill Hatfield; File
SUBJECT: Minutes of Banana River Park Bocce Courts (Phase 3) Pre -Construction Meeting
At 10:00 a.m. on June 1, 2016 a pre -construction meeting was held with contractors for Banana
River Park's bocce ball courts with the following persons in attendance:
Bill Hatfield, Southwest Greens
Gustavo Vergara, CCC Leisure Services
John. A. Pekar, PE, CCC Consulting Engineer
The attached agenda was followed with the following understandings and agreements. (Responses
refer to agenda item numbers).
1. Contractor to email J. Pekar with key personnel and phone numbers. J. Pekar will issue a
ME=
2. Tentative start date for work is July 5, 2016. Both segments (putting green and bocce courts)
of the work may be done concurrently or as separate phases. All work, both phases, to be
completed on or before August 15, 2016. Contractor to give at least one week's notice before
work begins.
I The bocce courts were reviewed as to proposed materials and construction. The proposed 5'
sidewalk between courts would also have 2.0' of synthetic grass between the sidewalk edges
and bocce courts. Some green colored infill will be used to promote a green grass surface.
Edge treatments of the bocce courts will be a special treated rail system. Bocce playing lines
will be marked on the sides of the courts. The City will supply the bocce balls.
4. The only utility in the construction area is the sewer lateral from the pavilion. This line is
approximately 4' deep and will be marked by the City on a record drawing, for the contractor
prior to their work.
5. Access to the site will consider ramping off the existing parking lot (i.e., protecting curb and
sidewalk) or removing the Thurm Boulevard sidewalk fence and going through the south sid
The contractor will cut sod in the work area and this will be available for City use or patchin
within construction zones. I
6. A city grading plan for the courts was given to the contractor. The erosion control plan will
provide for soil erosion/runoff containment to the south of the park.
Banana River Park Bocce Courts Pre -Construction Mtg.
Page 2 June 9, 2016
7. No project density testing is anticipated for the project. Compaction will be based on field
conditions, drainage issues, and materials being used, (Contractor testing is not in the current
scope of work.)
8. Work is permitted under City self -certification. No NPDES pert -nit is required due to small
area.
9. City will provide landscaping for project over future time periods. (Not related to Contractor
scope of work.)
10. Contractor will be paid 50% at the start of work for materials and 50% upon completion of the
work; i.e., only one draw at end of work.
11. Contractor will be with City representatives prior to commencement of work to flag out area
and review worksite access and dumpster positioning. Contractor meetings, ifneeded, will be
held on site as work progresses.
12. City will store and issue bocce balls.
13. No signage is anticipated by contractor.
14. Project close out will follow City inspections and completion of punch list items, if any.
15. City will certify project.
16. No drinking fountain required. One exists at pavilion.
17. Maintenance information will be given to City.
The meeting adjourned at 11:00 a.m. The signed contract for the work will be mailed back to City
in next few days.
JAP:rmf
TROPGRE-01 MICKAYT
fDATE:(MMIDDfYYYY)
YYYY'
CERTIFICATE OF LIABILITY INSURANCE 6 0
512:412:016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
i_mP_6RT__AWT If -the 'Icertificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such enclorsement(s).
PRODUCER License # *
Insurance Office of America, Inc.
Abacoa Town Center
1200 Unlvers7 Blvd, Suite 200
I
Jupiter, FL 33 '68
N'XM'E'," Tara McKay
PHONE we
AA_/C _xo..Exf�- (561) 776-0660 VC _No): (561).776-0670
E-MAIL
ADDRESS: Tara.McK�ioausa.com_______..___._____
K@
INSURER(S) AFFORDING COVERAGE ---.--.--.—NAIC#
INSURER A: Southern -Owners Insurance Company
10190
INSURED
Southwest Greens of Florida LLC
10475 Riverside Drive Suite 6
Palm Beach Gardens, FL 33410
COVERAGES CERTIFICATE NUMBER:
INSURER B: Philadelphia Indemnity Insurance Company
18068
INSURER C: Bridgefield Employers Insurance Company
10701
INSURER D
05101/2016
INSURER E:
EACH OCCURRENCE
INSURER F:
REVISION NUMBER:
•I"We 91.11,
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES JACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
P
"equired by written contract perform #55373,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
City of Cape Canaveral
7300 N. Atlantic Ave
Ca a Canaveral FL 32920
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
TYPE OF INSURANCE
ADDLSUBR
POLICY NUMBER
-- -----
_LTR
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE T OCCUR
x
72088706
05101/2016
05/01/2017
EACH OCCURRENCE
$ 1,000,000
$ 300,000
MED EXP (Any one
10,000
_PERSONAL & ADV INJURY ...
$ 1,000,000
GEN1 AGGREGATE LIMIT APPLIES PER:
O-
POLICY JPERCT LOC
OTHER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS -COMP/OPAGG
$ 2,000,000
$
B
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOSr
NON -OWNED
HIRED AUTOS AUTOS
PHPK1464381
02109/2016
02109/2017
COMBINED SINGLE LIMIT
accident
$ 1,000,000
_JEa
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
__
__
PROPERTY DAMAGE
_JPer acci ent).
__
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
I OCCUR
CLAIMS -MADE
4948413600
05101/2016
05/01/2017
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1,000,000
DED I X I RETENTION$ 5,000
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
0830-52688
—
06/01/2016
—
06101/2017
C
T7P!E—R OTH-
STATUTE
STATUTE
TU7TET
------ ---
_ _TER
E.L. EACH ACCIDENT
— - -
$ 500,000
DISEASE - EA EMPLOYEE
$ 600,000
__E.L.
E.L. DISEASE - POLICY LIMIT
$ 600,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES JACORD 101, Additional Remarks Schedule, may be attached if more space Is required)
P
"equired by written contract perform #55373,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
City of Cape Canaveral
7300 N. Atlantic Ave
Ca a Canaveral FL 32920
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
=DATE(MMIDDfYYYY)
CERTIFICATE OF LIABILITY INSURANCE 5 0
5124/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AOL*E&. TAYS-__
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATEINSURANCE
REPRESENTATIVE O. PRODUCER, AND THE CERTIFICATEHOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL IN UR t "he I poli I cy(ie I s) m I u I st 11 be "I endo "I r 11 s I e d I If i9XV-0 �GATIO�WfSrTVWff �EV_, _su�ffj—ecTUo—�
the terms 1s conditions Athepolicy,;i , endorsement. on this certificate does not confer rightsM
the
certificate holder of such enclorsement(s).
PRODUCER�.
License ! t
msurance Office of America, Inc.
c, Town Center
# .
1200 Universit7 Blvd,
Jupiter, FL 33 U
INSUREDSouthwest Greens `� ♦ It;, • i;
of Florida; � "�. �"�'; � • 4:s" 1,"1?
10475 Riverside Drive Suite a: RER a
Palm Beach +w 33410
COVERAGES REVISION
ON =910104_01=116&�N
INSR
LTR
- --
TYPE OF INSURANCEjhLS&
ADDL
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POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DDlYYYY
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$
1,000,000
CLAIMS -MADE OCCUR
X
720$$706
05101!2016
05/01/2017
PREMISES _(Ea occurrence)__.
$
300,00
MED EXP (Any one person)
$
10,00
PERSONAL & ADV INJURY
$
1,000,00
GEN1 AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$
2,000,00
-------- ---
PRODUCTS -COMP/OP AGG
--
$
--- 2,000,Oaa
-- —
POLICY PRO- )( LOC
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$
_.._.
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident)
$
1,000,00
_—
BODILY INJURY (Per person)
$
ANY AUTO
PHPK1454381
02/09/2016
02/09/2017
accident)
BODILY INJURY (Per accident)
$
----
--
ALL OWNED - SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOSPer
PROPERTY DAMAGE�� � -
accident),...-__.—_�
-----
$
----------,--
..... ..............
X
UMBRELLA LIAB X OCCUR
EACH OCCURRENCE
$
1,000,00
_
AGGREGATE$1,000,00
---- _
-�_--
A
EXCESS LIAB CLAIMS -MADE
494$413600
05/01/2016
05/01/2017
DED X RETENTION$-5,aa
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
C ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N
OFFICER/MEMBER EXCLUDED? ❑ N/A""'
(Mandatory in NH)
X STATUTE pRH
0$30-525$$ 06/01/2015 06/01/2016 E.L. EACH ACCIDENT — $
E.L. DISEASE - EA EMPLOYEE $
---
500,00
500,00
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
500,00
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required)
Projects: Banana River Park Phase I $r Banana River
Park Phase 11, City of Cape Canaveral is Additional Insured With respect to General Liability
when
required by written contract per form #55373..
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL
BE
DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
City of Cape Canaveral
7300 N. Atlantic Ave
Cape Carrayeral FL 32920
0719$$-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered ,narks of ACORD