HomeMy WebLinkAboutPhase I & IIIPHASES I & III RIDGEWOOD AVENUE IMPROVEMENTS
CONSTRUCTION AGREEMENT
THIS CONSTRUCTION AGREEMENT ("Agreement' ") is made this -� day of
February, 20.10 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation
( "OWNER"'), whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and BREWER
PAVING & DEVELOPMENT, INC., a Florida corporation, ("CONTRACTOR "), whose address is
3190 Grissom Parkway, Cocoa, Florida 32926, as follows:
DESCRIPTION OF WORK - CONTRACTOR shall perform the work, in accordance with
the Contract Documents for the construction of the Phase I and Phase III Ridgewood Avenue
Improvements. The work includes all labor, supplies and other facilities or things necessary to
produce such construction, and all materials, equipment, and supplies incorporated or to be
incorporated in such construction. Additionally, the work shall be subject to the "Special
Provisions" set forth in Exhibit "A," attached hereto and fully incorporated herein by this
reference.
2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement;
Exhibits and any Addendums to this Agreement, including, but not limited to the Phase I
Engineering Plans and Drawings prepared by Stottler Stagg & Associates, Architects,
Engineers & Planners, Inc. dated July 15, 2009 and most recently revised on October 30,
2009, and the Phase III Engineering Plans and Drawings prepared by Brad Smith Associates,
Inc., dated October 5, 2009 and most recently revised on October 5, 2009, attached hereto as
Composite Exhibit "B" and expressly incorporated herein by this reference; Bid Documents
for Bid No. 09 -03 issued by the City, dated October 14, 2009; Contractor's Bid Submittal,
dated November 9, 2009; General Conditions, if any; Supplemental Terms and Conditions by
the City, if any; 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 OWNER and the CONTRACTOR, the inconsistency shall be
resolved by giving precedence in the following order:
a. Agreement, Exhibits and Addenda;
b. Contractor's Bid Submittal
c. Change Orders
d. Supplemental Terms and Conditions
e. General Terms and Conditions
Any inconsistency in the work description shall be clarified by the OWNER 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 OWNER, at its sole discretion, will interpret the intent of the Agreement and work
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descriptions and the CONTRACTOR hereby agrees to abide by the OWNER's interpretation
and agrees to carry out the work in accordance with the decision of the OWNER. 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 OWNER. A
substitute material, article, or equipment is allowed if it is reasonably equivalent to the brand
name specified. The OWNER has full discretion to decide whether a substitute is reasonably
equivalent. CONTRACTOR must notify the OWNER prior to use of the substitute for a
specified brand name and allow the OWNER to make a determination before
CONTRACTOR uses the substitute.
CONTRACT TIME - The CONTRACTOR shall begin work no later than February 10,
2010 and shall be substantially complete (i.e. complete with only final punch list items
remaining) 335 consecutive calendar days thereafter. CONTRACTOR shall fully complete
the work within 365 consecutive calendar days from February 10, 2010. Extensions, if any,
are authorized by OWNER, and may only be granted in writing.
6. LIQUIDATED DAMAGES - OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER 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 preceding the actual loss
suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead
of requiring any such proof OWNER and CONTRACTOR agree that as liquidated damages
for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 for each day that
expires after the time specified in Paragraph 5 for final completion until the work is finally
complete, and that OWNER has paid to CONTRACTOR the consideration of Ten ($10.00)
Dollars as consideration for this provision.
CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER 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 Sixty -One Thousand
Nine Hundred Thirty-Seven and 051100 Dollars ($1,061,937.05). 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.
TERMINATION; DEFAULT BY CONTRACTOR AND OWNER'S REMEDIES - The
OWNER reserves the right to revoke and terminate this Agreement and rescind all rights and
privileges associated with this Agreement, without penalty, 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 OWNER specifying the default complained of, unless, however,
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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
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 OWNER; or
e. CONTRACTOR has made a material misrepresentation of fact to the OWNER while
perforning 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 OWNER may have under this Agreement.
Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the
OWNER shall have the right to exercise any other remedy the OWNER may have by
operation of law, without limitation, and without any further demand or notice. In the event of
such termination, OWNER 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.
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 CONTRACTOR's labor
force); extraordinary breakdown of or damage to OWNER'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 60 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 OWNER, 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.
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11. PROGRESS PAYMENTS - OWNER shall make progress payments on account of the
contract price to CONTRACTOR, on the basis of application for payments submitted to the
OWNER or OWNER's Project Manager, by CONTRACTOR as the work progresses, and in
accordance with the Contract Documents.
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;
e. Claims or liens are filed on the job; or
f. In the opinion of OWNER, Contractor's work is not progressing satisfactorily.
12. FINAL PAYMENT - OWNER 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, OWNER 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 OWNER 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 constructions services provided for in this
Agreement. After 50% completion, the Contractor may present to the OWNER a payment
request for up to one -half of the retainage held by the OWNER. Owner shall promptly make
payment to the CONTRACTOR unless the OWNER 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.
OWNER shall make final payment to CONTRACTOR within 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 OWNER
a complete release of liens arising out the contract, or receipt 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 OWNER indemnifying him against such claims.
By making payments, OWNER does not waive claims including but not limited to those
relating to:
a. Faulty work appearing after substantial completion has been granted;
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b. Work that does not comply with the Contract Documents:
c. Outstanding claims of liens; or
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 OWNER
are as follows:
a. General Administration of Contract The primary function of the OWNER is to
provide the general administration of the contract. In performance of these duties, Jeff
Ratliff Assistant Public Works Director, or his authorized representative, is the
OWNER's Project Manager during the entire period of construction. The OWNER
(CITY) may change the Project Manager during the term of this contract.
b. Inspections, Opinions, and Progress Reports The OWNER shall be kept familiar
with the progress and quality of the work by CONTRACTOR and may make periodic
visits to the work site. The OWNER 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 OWNER 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 perform his duties of
checking and reporting on work progress, and any such inspections shall not waive
Owner's claim regarding defective work by Contractor.
d. Interpretation of Contract Documents: Decisions on Disputes The OWNER will
be the initial interpreter of the contract document requirements, and make decisions on
claims and disputes between Contractor and Owner.
e. Reiection and Stoppage of Work The OWNER 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 OWNER will determine the amounts owing to
CONTRACTOR as the work progresses, based on CONTRACTOR's applications and
OWNER'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 — OWNER'S Project Manager may hold periodic progress
meetings on a monthly basis, or more frequently if required by the OWNER, 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 OWNER'S Project
Manager.
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15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in
connection with the project herein are as follows:
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
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
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.
e. Written Guarantee. CONTRACTOR will provide written guarantee for work and
materials for one (1) calendar year after acceptance by OWNER.
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
OWNER.
a. If upon receiving written approval from OWNER, any part of this Agreement is
subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to
OWNER for all acts and/or omissions performed by the subcontractor as if no subcontract
had been made.
b. If OWNER determines that any subcontractor is not performing in accordance with
this Agreement, OWNER 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 OWNER and its affiliates with insurance coverage as set forth by the OWNER.
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17. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any rights
or benefits to anyone other than OWNER 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, 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 act toward third persons or the public in any manner which would indicate any
such relationship with the other party.
20. INDEMNIFICATION — CONTRACTOR shall indemnify and hold harmless the City, its
officers, employees, and city attorneys (individually and in their official capacity, from
liability, losses, damages, and costs, including, but not limited to, reasonable attorney's fees, to
the extent caused by the negligence, recklessness or intentional wrongful misconduct of
CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of
this Agreement.
The indemnification provided above shall obligate the CONTRACTOR to defend at its own
expense or to provide for such defense, at the option of the OWNER, 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 OWNER or its officers, employees, and city attorneys which may be
covered by this indemnification. In all events the OWNER and its officers, employees, and
city attorneys shall be permitted to choose legal counsel of its sole choice, the fees for which
shall be reasonable and subject to and included with this indemnification provided herein.
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 OWNER 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.
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
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PHASES I & III RIDGEWOOD AVENUE IMPROVEMENTS PROJECT
cop) to the OWNER 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 herein. In support of said representation, CONTRACTOR
agrees to provide a copy of all said licenses to the OWNER prior to the execution of this
Agreement.
23. BOND - CONTRACTOR shall supply a materials, performance and payment bond(s) in form
approved by the OWNER'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
minim amount of $1,000,000 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 are 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 minim
$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
Employer's Liability Insurance in the minimum amount of $1,000,000 for all of its
employees performing Work for the OWNER 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 OWNER 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 OWNER 30 days prior to any expiration date.
There shall also be a 30-day advance written notification to the OWNER in the event of
cancellation or modification of any stipulated insurance coverage. The OWNER shall be an
additional named insured on all stipulated insurance policies as its interest may appear,
from time to time, excluding worker's compensation and professional liability policies.
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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 these paragraphs for Paragraphs 21 and 24.
25. MEDIATION/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 parry 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 the first page of this Contract.
29. WORK IS A PRIVATE UNDERTAKING - 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 OWNER and CONTRACTOR is such that the
CONTRACTOR is an independent contractor and not an agent of the OWNER. The
CONTRACTOR, its contractors, partners, agents, and their employees are independent
contractors and not employees of the OWNER. Nothing in this Agreement shall be interpreted
to establish any relationship other than that of an independent contractor, between the
OWNER, 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: It is hereby specifically agreed that any record, document,
computerized information and program, audio or video tape, photograph, or other writing of
the CONTRACTOR and its independent contractors and associates related, directly or
indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession
or control of the OWNER or the CONTRACTOR. Said record, document, computerized
information and program, audio or video tape, photograph, or other writing of the
CONTRACTOR is subject to the provisions of Chapter 119, Florida Statutes, and may not be
destroyed without the specific written approval of the OWNER's City Manager. Upon request
by the OWNER, the CONTRACTOR shall promptly supply copies of said public records to
the OWNER. All books, cards, registers, receipts, documents, and other papers in connection
with this Agreement shall at any and all reasonable times during the normal working hours of
the CONTRACTOR be open and freely exhibited to the OWNER for the purpose of
examination and/or audit.
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PHASES I & III RIDGEWOOD AVENUE IMPROVEMENTS PROJECT
The CONTRACTOR acknowledges that the OWNER is a Florida municipal corporation and
subject to the Florida Public Records Law. CONTRACTOR agrees that to the extent any
document produced by CONTRACTOR under this Agreement constitutes a Public Record;
CONTRACTOR shall comply with the Florida Public Records Law.
31. - SOVEREIGN EMDJUNITY - 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, Florida Statutes, or other limitations imposed on the CTTY'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 one
hundred thousand dollars ($100,000.00), 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 two hundred thousand dollars
($200,000.00).
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.
35. DRAFTING - OWNER 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.
[EXECUTION PAGE FOLLOWS]
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PHASES I & III RIDGEWOOD AVENUE IMPROVEMENTS PROJECT
Signed. Sealed and Delivered in the presence of
Witness:
Print Name: /J7i� C ETh�
Witness:
Print Name: `rlel4ner2_ 13s71�v
CONTRACTOR:
Brewer Paving & Development, Inc.,
a Florida corporation.
Z516w
Print NaiW.
Title:
Date: a-'' /0
[01UT 211)
City of Cape Canaveral,
a Florida municipal corporation.
Ange a Apperson.. Mir City Manager
Date: - L L-5 I d
Exhibit "A"
PHASES I & III
SPECIAL PROVISIONS
General
1. The Ridgewood Avenue Improvements project is proposed for three (3) basic work phases.
The work phases subject to this Agreement include:
Phase I - This work will include all demolition work to the edges of the future 22 ft.
roadway. Phase I includes pedways, reconstruction of driveways, sidewalks, limited lighting,
signage, intersection color work, drainage structure modification, curbs, gutters, and
supportive work within Ridgewood Avenue's rights of way following demolition activities.
Phase III - work will reflect the landscaping and irrigation of this project.
Additional private work outside of Ridgewood Avenue's right of way will be required. This
work will be the responsibility of the private property owner and in most cases will be of a
corrective nature for illegal work within Ridgewood Avenue's rights of way. The Contractor
may enter into a private agreement with the landowner, but all adjacent work, must first be
approved by the City of Cape Canaveral's Public Works Department.
Phase I
2. Due to the retrofit nature of this work, the Contractor will videotape the entire project area,
prior to starting work. Special emphasis should be placed on those private properties in
which significant demolition will occur near their property. Examples include retaining
walls, pool fences, condo parking areas, major driveways, etc. which are in the City of Cape
Canaveral's rights of way.
The video tape will be approved by the City's Public Works department prior to start of
construction.
3. Unless otherwise directed the asphaltic millings will be the property of the Contractor.
Existing trees that are scheduled for demo will first be coordinated with the City on a project
walk thru. Some trees will remain property of the City and replanted by the Contactor at
Manatee Park, ahead of construction.
Trees not scheduled for replanting will be removed by the Contractor along with other demo
material such as sidewalk material, curbs, gutters, storm drain inlet box lids, etc.
4. Prior to construction there will be one (1) neighborhood construction workshop that will
address proposed construction work and impacts. It is intended that the Contractor attend
these workshop meetings and present the following:
• A Maintenance of Traffic Plan (MOT) for the area.
• coordination with driveways, sidewalks, mailboxes, etc. will also be discussed for the
proposed construction
• tentative construction schedules will also be given along with working hours.
At these workshops the opportunity to provide corrective services for private work (i.e.
outside of Ridgeway Avenue's right of way), will present itself to the Contractor.
At the pre- construction meeting for Ridgewood Avenue the Contractor shall coordinate
schedules and work programs with the City of Cape Canaveral Fire and Police Departments.
6. All street signage that is relocated shall be immediately positioned to its new location to
maintain safe traffic conditions. This is especially important for traffic control signs such as
stop signs.
7. The Contractor shall provide a qualified testing laboratory for work performed, with tests
being performed per the plan specifications. Copies of all reports shall be given to the City of
Cape Canaveral.
8. The Contractor shall establish a "Construction yard" within the City of Cape Canaveral for
the duration of the project. The City staff will assist the Contractor for the establishment of
this temporary site.
9. The Contractor shall be responsible for the maintenance of the drainage in the construction
areas. Cost of this maintenance of drainage shall be included in the Mobilization pay item.
10. The Contractor shall include in the Mobilization pay item all costs associated with the local
construction yard including but not limited to City permits, lease fees, etc.
11. Contractor will be responsible for maintaining the NPDES permit. The City will prepare this
application and pay the permit fee. The Contractor will maintain the permit requirements.
The Contractor will also be responsible for the SJRWMD permit conditions and those
requirements submitted by utility companies.
12. The Contractor will be responsible for record drawings of the completed work by a registered
Florida Surveyor. Record drawings must be submitted to the City in approved formats prior
to final payment.
13. The Contractor will sod all disturbed areas that are not landscaped. The Contractor shall be
responsible to maintain the final Sodding in order to promote mowing.
14. The one year warranty period for this project will begin upon final acceptance of this project
by the City.
15. The Contractor shall coordinate with the Cape Canaveral Post Office if mail boxes are to be
taken down, causing disruption of mail services to residents. (This may happen during
demolition, or sidewalk construction.)
By setting up a mailbox schedule for replacement the Post Office will hold the mail
accordingly.
SPECIFICATIONS
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