HomeMy WebLinkAboutConstruction Agreement City Park Stormwater Retrofit 3 August 2016 City Park Stormwater Retrofit
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 VILLAGES
CONSTRUCTION, INC.,a State Certified General Construction Firm authorized and duly licensed to
do business in the State of Florida(herein referred to as CONTRACTOR),as follows:
1. DESCRIPTION OF WORK- CONTRACTOR shall perform the work, in accordance with
the Contract Documents for the construction of improvements to Canaveral City Park, as set
j forth in the Scope of Services, attached hereto as Exhibit"A", and fully incorporated by this
reference("Work").
i
2. CONTRACT DOCUMENTS-The Contract Documents consist of this Agreement;Exhibits
and Addendum to the Agreement; Engineering Plans and Drawings prepared by Geosyntec,
P dated April 2016; Bid # 2016-02; Documents issued by the CITY; CONTRACTOR'S Bid
3 Submittal;General Conditions by the CITY;Supplemental Terms and Conditions by the CITY
and Florida Department of Environmental Protection(FDEP);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
3
resolved by giving precedence in the following order:
a. Agreement Exhibits and Addenda;CONTRACTOR'S Bid Submittal;
b. Change Orders;
c. Supplemental Terms and Conditions(CITY and FDEP);
d. General Terms and Conditions;or
e. Engineering Plans and Drawings.
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,
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
} City of Cape CanaveraVVillages Construction, Inc.
Page 1 of 13
City Park Stonnwater Retrofit
Cape Canaveral,Florida
being provided without additional cost to the CITY. A substitute material, article or equipment
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
s 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 within 310 days from
the date of Notice To Proceed. Extensions, if any, are authorized by CITY, and may only be
granted in writing.
x
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
z 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
4
($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 one million,one hundred thirty eight
thousand, four hundred ninety three dollars and seventy-five cents ($1,138,493.75). 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 Bid, 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:
a. CONTRACTOR defaults in the performance of any material covenant or condition of
this Agreement and does not cure such other default within seven (7) calendar days after
written notice from the CITY specifying 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, provided the CONTRACTOR
promptly takes and diligently pursues such actions as are necessary therefore; or
City of Cape Canaveral/Villages Construction, Inc.
Page 2 of 13
City Park Stormwater Retrofit
Cape Canaveral,Florida
F 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
s
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
performing its obligations under this Agreement;or
£ 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 of a default by CONTRACTOR, the CITY
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 termination,
CITY shall be liable only for the payment of all unpaid charges,determined in accordance with
the provisions of this Agreement, for Work properly performed prior to the effective date of
`& termination.
y
9. FORCE 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;
windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACT
force);
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
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
greement. The validity and enforceability of the remaining parts of
affected provision of this A
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/Villages Construction,Inc.
Page 3 of 13
j
City Park Stormwater Retrofit
Cape Canaveral,Florida
Progress payments may be withheld if:
a. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments to subcontractors;
c. CONTRACTOR does not make prompt and proper payments for labor, materials, or
equipment furnished him;
d. Another Contractor is damaged by an act for which CONTRACTOR is responsible;
Y
e. Claims or liens are filed on the job; or
f. In the opinion of the CITY,CONTRACTOR'S work is not progressing satisfactorily.
12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the
project in accordance with the Local Government Prompt Payment Act ("Act"). After 50%
completion of the project,CITY shall reduce to 5%the amount of the retainage withheld from
each subsequent progress payment made to the CONTRACTOR unless the project is subject to
Federal funding, in whole or in part, and the project is subject to laws and regulations contrary
to the Act. The term"50%completion of the project" shall mean the point at which the CITY
has expended 50%of the total cost of the construction services purchased under this Agreement
together with all costs associated with existing change orders and other additions or
modifications to the construction services provided for in this Agreement. After 50%
completion,the CONTRACTOR may present to the CITY a payment request for up to one-half
of the retainage held by the CITY.CITY shall promptly make payment to the CONTRACTOR
unless the CITY has grounds,under the Act,for withholding the payment of the retainage.The
remaining retainage amount withheld shall be released with the Final Payment after the issuance
of the Final Completion Certificate.CITY shall make final payment to CONTRACTOR within
thirty(30)days after the work is fully and properly completed,if the contract has been fully and
timely performed, but subject to the condition that final payment shall not be due until
CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract,
or receipt of releases of lien fully covering all labor,materials and equipment for which a lien
could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such
claims.
By making payments, CITY does not waive claims including but not limited to those relating
to:
a. Faulty work appearing after substantial completion has been granted;
b. Work that does not comply with the Contract Documents;
c. Outstanding claims of liens; or
City of Cape Canaveral/Villages Construction, Inc.
z Page 4 of 13
City Park Stormwater Retrofit
Cape Canaveral,Florida
d. Failure of CONTRACTOR to comply with any special guarantees required by the
z
Contract Documents.
a
13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE
ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the CITY are as
follows:
3
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,Jeff Ratliff 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. Inspections,Opinions,and Prowess Reports.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
j perform the work in accordance with the Contract Documents.
c. Access to Worksite for Inspections. The CITY shall be given free access to the
`4 worksite at all times during work preparation and progress. The Project Manager is not
obligated to make exhaustive or continuous on site inspections to perform 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
the initial interpreter of the contract document requirements,and make decisions on claims
and disputes between CONTRACTOR and CITY.
e. Reiection and Stoppage of 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's inspections and observations, and will issue certificates for progress payments and
final payments in accordance with the terms 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 term 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.
15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
City of Cape Canaveral/Villages Construction, Inc.
Page 5 of 13
ti
City Park Stormwater Retrofit
Cape Canaveral,Florida
a. Responsibility for Supervision and Construction. 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
3
direction.
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict
discipline among his employees, and he agrees not to employ for work on the project any
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 all
labor, materials and equipment, including tools, construction equipment and machinery,
utilities, including water, transportation, and all other facilities and work necessary for the
proper completion of work on the project in accordance with the Contract Documents.
d. Payment of Taxes: Procurement of Licenses and Permits. CONTRACTOR shall
t secure all licenses and permits necessary for proper completion of the work,paying the fees
thereof CONTRACTOR warrants that it(and subcontractors or tradesmen, if authorized
in the Contract Documents)hold or will secure all trade or professional licenses required by
law for CONTRACTOR to undertake the contract work.
f e. CONTRACTOR will provide written guarantee for work and materials for one (1)
calendar year after acceptance by CITY.
16. ASSIGNMENT - CONTRACTOR shall not assign or subcontract this Agreement, or any
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 performing 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
'k 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.
17. THIRD PARTY RIGHTS -Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than CITY and CONTRACTOR.
City of Cape CanaveralNillages Construction, Inc.
Page 6 of 13
City Park Stormwater Retrofit
Cape Canaveral,Florida
i
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, gift, 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
'x 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, damages, 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.
The indemnification provided above shall obligate the indemnifying party to defend at its own
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 officers, agents, officials, representatives, employees, and/or
attorneys which may result from the services under this Agreement whether the services be
performed 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.
22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby
represents and wan-ants to the CITY the following:
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.
City of Cape CanaveralNillages Construction,Inc.
Page 7 of 13
r
Y City Park Stormwater Retrofit
Cape Canaveral,Florida
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 performance 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.
i
23. BOND-CONTRACTOR shall supply a materials,performance 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
f 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.
b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in
the minimum 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 the
CONTRACTOR from 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
x 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 herein
identified shall be maintained during the term of this Agreement.A copy of a current 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
City of Cape CanaveraINillages Construction, Inc.
`
Page 8of13
City Park Stormwater Retrofit
Cape Canaveral,Florida
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
y stipulated insurance policies as its interest may appear, from time to time, excluding
a
workers' compensation and professional liability policies.
Independent Associates and Consultants.All independent contractors or agents employed by
CONTRACTOR to perform any Work hereunder shall fully comply with the insurance
provisions contained in this paragraph section 24.
25. MEDIA.TION/VENUE - The parties agree that should any dispute arise between them
regarding the terms or performance of this Agreement,both parties will participate in mediation.
The parties 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 hereunder 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.
27. 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 permitted by law,to recover from
the non-prevailing party the costs and expenses of such action including, but not limited to,
reasonable attorney's fees, whether at settlement,trial or on appeal.
28. NOTICES - Any notice or approval under this Contract shall be sent, postage prepaid,to the
applicable party at the address shown on page 9 of this Agreement.
29. WORK IS A PRIVATE UNDERTAHING - With regard to any and all Work performed
hereunder,it is specifically understood and agreed to by 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 employees 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.
30. DOCUMENTS - PUBLIC RECORDS: Pursuant to Section 119.0701, Florida Statutes and
other applicable public records laws, CONTRACTOR agrees that any records, documents,
transactions, writings, papers, letters, computerized information and programs, maps, books,
audio or video tapes,films,photographs,data processing software,writings or other material(s),
m, characteristics, or means of transmission,of CONTRACTOR
regardless of the physical for
related, directly or indirectly, to the services provided to the CITY under this Agreement and
made or received pursuant to law or ordinance or in connection with the transaction of official
City of Cape Canaveral/Villages Construction, Inc.
Page 9 of 13
f
City Park Stormwater Retrofit
Cape Canaveral,Florida
business by the CITY,may be deemed to be a public record,whether in the possession or control
of CITY or the CONTRACTOR. Said records, documents, transactions, writings, papers,
letters, computerized information and programs, maps, books, audio or video tapes, films,
photographs,data processing software,writings or other material(s),regardless of the physical
form,characteristics,or means of transmission of CONTRACTOR are subject to the provisions
of Chapter 119,Florida Statutes,and may not be destroyed without the specific written approval
of the CITY's designated custodian of public records.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDSICITY CLERK AT (321) 868-12209
105 POLK AVENUE,CAPE CANAVERAL, FLORIDA 32920.
r
CONTRACTOR is required to and agrees to comply with public records laws.CONTRACTOR
shall keep and maintain all public records required by CITY to perforin the services as agreed
to herein. CONTRACTOR shall provide the CITY, upon request from the CITY CLERK,
copies of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided by law. CONTRACTOR shall ensure that
public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the Agreement
term. Upon completion of the Agreement,CONTRACTOR shall transfer to CITY, at no cost,
all public records in possession of the CONTRACTOR, provided the transfer is requested in
writing by the CITY CLERK. Upon such transfer,CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. However, if the CITY CLERK does not request that the public records be
transferred, the CONTRACTOR shall continue to keep and maintain the public records upon
completion of the Agreement and shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to CITY, upon request from the
CITY CLERK,in a format that is compatible with the information technology systems of CITY.
Should the CITY not possess public records relating to this Agreement which are requested to
be inspected or copied by the CITY or any other person, the CITY shall immediately notify
CONTRACTOR of the request and the CONTRACTOR shall then provide such records to the
CITY or allow the records to be inspected or copied within a reasonable time. If the
CONTRACTOR does not comply with a public records request, the CITY may enforce this
Section to the extent permitted by law. CONTRACTOR acknowledges that if the
CONTRACTOR does not provide the public records to the CITY within a reasonable time,the
CONTRACTOR may be subject to penalties under Section 119.10, Florida Statutes. The
CONTRACTOR acknowledges that if a civil action is filed against the CONTRACTOR to
compel production of public records relating to this Agreement,the court may assess and award
against CONTRACTOR the reasonable costs of enforcement, including reasonable attomey
fees.All public records in connection with this Agreement shall,at any and all reasonable times
during the normal business hours of the CONTRACTOR,be open and freely exhibited to the
City of Cape Canaveral/Villages Construction, Inc.
Page 10 of 13
City Park Stormwater Retrofit
r Cape Canaveral,Florida
CITY for the purpose of examination,audit,or otherwise. Failure by CONTRACTOR to grant
such public access and comply with public records laws and/or requests shall be grounds for
immediate unilateral cancellation of this Agreement by the CITY upon delivery of a written
notice of cancellation. If the CONTRACTOR fails to comply with this Section, and the CITY
s must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or
damages for violating Chapter 119,Florida Statutes,due to CONTRACTOR's failure to comply
with this Section,the CITY shall collect from CONTRACTOR prevailing party attorney's fees
and costs, and any damages incurred by the CITY, for enforcing this Section against
CONTRACTOR. And, if applicable, the CITY shall also be entitled to reimbursement of all
attorneys' fees and damages which the CITY had to pay a third party because of the
CONTRACTOR's failure to comply with this Section. The terms and conditions set forth in
Us Section shall survive the termination of this Agreement.
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 same incident or occurrence, exceeds the sum 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 Parties 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,
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.
34. WAIVER 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 signed 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.
"s
City of Cape Canaveral/Villages Construction, Inc.
Page 11 of 13
City Retrofit Park Ston
Cape Canaveral,Florida
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.
3
36. NOTICE - Any notice, request, instruction, 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 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):
For Ci : For Contractor:
City of Cape Canaveral
David L. Greene,City Manager
105 Polk Avenue
Cape Canaveral,FL 32920 �5 � 3y
Phone: 321-868-1220 Phone: _ 1L1-3��.
Fax: 321-868-1224 Fax: �5 -�
Either party may change the notice address by providing the other party written notice of the
change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
WITNESSES: CONTRACTOR:
By: <�
i
�� PrintName: � no
�
Print Name: � C�t � �� > C x i1 Y
Title: ►' ` << r"fi �e'`
Print Name: V/'
3
City of Cape CanaveralNillages Construction, Inc.
Page 12 of 13
City Park Stormwater Retrofit
Cape Canaveral,Florida
$ CITY:
City of Cape Canaveral,Florida,
5
a Florida municipal corporation.
By:
Attest: '
ar.,.•f "Z N.t11t �
David L. Greene,City Manager
By:
Mia ofo City erk
Date ?
9
'3
f
$z
:i
;1
t
t
{
`§ City of Cape Canaveral/Villages Construction,Inc.
Page 13 of 13
Exhibit A to Contract between Owner and Contractor
Contractor: Villages Construction Inc.
City Park Stormwater Retrofit
xCape Canaveral, Florida
BID SCHEDULE with Material Savings and Owner Purchase Credits
All Items are per June 6 Bid with the Agreed on Material Savings Substitutions
Refer to Bid Section 0l 01 00 for a description of the Summary of Work, and Section 00 80 00 for the
project Special Conditions. Bidders shall complete the below Summary of Pay Items.
Summary of Contract Pay Items
j FF'DOT Pay
`i Description Units Quantity Unit Price(S) Amount (S)
;im No.
01-1 Mobilization LS 1 $135,000.00 $ 135,000.00
02-1 Maintenance of Traffic LS 1 19,000.00 19,000.00
Prevention, Control and
l 04-1 Abatement of Erosion and Water LS11,500.00 11,500.0Pollution
0-1-1 Clearing and Grubbing AC 2 17,500.00 35,000.00
Excavation, Embankment, and
5 120-9 Grading
CY 18266 12.00 219,192.00
' 6 999-1 Export Excess Material Offsite CY 1 6354 22.50 142,965.00
7 285-57-12 Optional Base, Base Group 6 SY 150 52.00 7,800.00
Asphalt Concrete Friction TN 96 180.00 17,280.00
8 337-7-71 Course,Traffic B
Retrofit Manhole, Special (Less EA 2 7,500.00 15,000.00
4 9 425-2-1O1A than 10')with Weirs
li 10 425-2-71 Manholes,J-7<10' EA 6 8,200.00 49,200.00
Manoles, Special (Less than 10') EA 6 8,700.00 52,200.00
11 425-2-1018 with Weirs
Pipe Culvert, Concrete (Round) LF 556 60.00 33,360.00
12 430-174-118
(18" SD)
13 570-1-2 Concrete Drop Curb LF 95 30.00 2,850.00
Concrete Sidewalk and SY 20 70.00 1,400.00
14 522-2 Driveways, 6"Thickness
Fencing,Type A, 5.1-6.0, LF 500 19.00 9,500.00
15 550-101-20 Standard (Temp. Fencing)
16 570-1-2 Performance Turf, Sod (Bahia) SY 10221 2.50 25,552.50
17 E999-2 Repair City Park Facilities LS 1 35,000.00 35,000.00
18 999-3 Stormtech SC310 Chambers EA 4033 120.00 483,960.00
�i 19 999-4 Stormtech SC 310 Endcaps EA 233 50.00 11,650.00
20 999-5 Stormtech Pre Fab End Cap 12" EA 9 200.00 1,800.00
21 999-6 Stormtech Pre Fab End Cap 10" EA 40 160.00 6,400.00
22 999-7 Nonwovern Geotextile Fabric SY 30497 1.25 38,121.25
23 999-8 Woven Geotextile Fabric SY 2500 1.20 3,000.00
24 999-9 Stormtech 18x10 Manifold EA 40 310.00 12,400.00
25 999-10 Stormtech 18" Elbow EA 2 200.00 400.00
26 999-11 Stormtech 12" Coupler EA 9 25.00 225.00
27 999-12 Stormtech 10" Coupler EA 40 20.00 800.00
tormtech 18" Coupler EA 120 35.00 4,200.00 pp
28 999-13 S P l
29 999-14 ADS N-12 Pipe 10" LF 140 40.00 5,600.00
City Park Stormwater Retrofit
Cape Canaveral, Florida
? Summary of Pay items Continued
FDOT Pay Description Units Quantity Unit Price(S) Amount ($)
Item Item No.
t �
1 30 999-15 ADS N-12 Pipe 12" LF 40 4_.00 1,680.00
31 999-16 ADS N-12 Pipe 18" LF 220 45.00 9,900.00
70.00 350.00
32 999-17 18" Pipe End Cap EA 5
30" N to last Basin EA 3 4,000.00 12,000.00
33 999-18 Y p 490,000.00
Granite Fill TN 9800 50.00
34 99919 1,500.00
35 999-20 As-Built Plans 1 I 1,500.00
36 999-21 Miscellaneous Stormtech Fixtures
LS 1 400.00 400.00
Total City Park Stormwater Retrofit Improvements $1,896,185.75
Alternative Pay Items
FDOT Pay Description Units Quantity Unit Price($) Amount ($)
Item Item No.
430-174-118- Pipe Culvert, HDPE(Round) LF 556 $ 57.00 $ 31,692.00
ALTI ALT (18"SD)
Alternative Total City Park Stormwater Retrofit Improvements 1,894,517.75
ii
Agreed on Price Adjustments
FDOT Pay
Description Units Quantity Unit Price($) Amount (S)
v Item Item No.
A 1
Deduct for ADS Price Deduction LS 1 -102,117.50 -102,117.50
3 Deduct for Using Crushed Conc I Tons 9800 -10.03 -98,294.00
B 1 Lieu of Granite
;P1,694,106.25
Contract Subtotal with ALT 1 Pipe and ADS And Conc. Aggregate Substitution:
Credit Allowance for Owner _384,612.50
E
1 Purchased Stormceptors R Related LS -1 384,61_.50
Items
Credit Allowance for O\NmerLS _1 171,000.00 -171,000.00 L
D I Purchased Crushed Concrete Stone
Contract Total With Material Savings and Owner Purchase Credits $1,138,493.75