HomeMy WebLinkAboutWM. Turnbaugh Construction Agreement 3-21-14rr
THIS AGREEMENT is made this ,Ad day of 2014 between the CITY OF CAPE
CANAVERAL, a Florida municipal corporation ("OWNER") and WM, TURNBAUGH, CONSTRUCTION, INC.,
a Florida corporation authorized and duly licensed to do business in the State of Florida ("CONTRACTOR"), as
follows:
1. DESCRIPTION OF WO - CONTRACTOR shall perform the work, in accordance with the Contract
Documents for the construction of the North Banana River Boulevard Sidewalk Project.
2. CONTRACT QgCUMENTS - The Contract Documents consist of this Agreement; Exhibits and
Addendum to the Agreement; the Drawings prepared by the City's Public Works Services Department,
dated January 24, 2014; Bid Documents issued by the City, dated January 24, 2014;
CONTRACTOR'S Bid Submittal, dated February 6, 2014; General Conditions, if any; Supplemental
Terms and Conditions by the City, if any; 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; and
f, Drawings;
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 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 imaterial, 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.
5. CONTRACT TIME - The CONTRACTOR shall begin work within ten (10) business days after the
issuance of a written Notice to Proceed and shall complete the work of the Project within thirty (30)
calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by OWNER,
and may only be granted in writing.
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North Banana River BmuIevand Sidewalk Project
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 3 above, plus any extensions thereof allowed in accordance with the
General Conditions. They also recognize the deIays, 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
One H�undred ($100) Dollars for each day that expires after the time specffied 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 tHs provision.
CONTRACT PRICE, UNIT PRICE CONTRACT - The OWNER U pay the CONTRACTOR in rnemt
funds for the performance of the work, subject to additions and deductions by Change Order, the Total
Contract Price of Twenty-eight Thousand, Nine Hundred, Ninety-seven Dollars and Fifty Cents
($28,997.50). 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 ur repeated herein.
8. QVVWER reserves
right to revoke and terminate this Agreement and rescind ail rights and privileges associated with
this Agreement, without penalty, for convenience, Further', the OWNER reserves the right to revoke
and terminate this Agreement in the folIowing 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, the nature ofthe default
�e such that it cannot, in the exercise of reasonable di|i0once, be remedied within seven (7)
calendar days, in which case the CONTRACTOR shall have such time, aeie reasonably necessary
to remedy the detau|t, provided the C(}NTFQ\CT(]F< 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
Vr CONTRACTOR becomes insolvent, orin unable or unwilling tm pay its debts; or
o. CONTRACTOR has acted negligently, ae defined by general and applicable law, inperforming
the Work hereunder; or
d. CONTRACTOR has committed any act mf fraud upon the OWNER; or
e. CONTRACTOR has made e material misrepresentation of fact to the OWNER while
performing its obligations under this Agreement; mr
f, CONTRACTOR is experiencing m labor dispute, which threatens to have a eubstmnda|,
adverse impact upon performance of this Agreement without prejudice to any other riJht, or
remedy OWNER may have under this Agreement.
Notwithstanding the aforementioned, in the event mfe default byCONTRACTOR, 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
||ahie only for the payment of all unpaid charges:, determined in 000mndanma with the provisions of this
Agreement, for Work propehy performed prior to the effective date of termination
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; flmod� windstorm;
explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary
breakdown mfcn damage tnOWNER 's affiliates' generating plants, their equipment or facilities; court
injunction mr order; federal mnd/mr state law ovregulation; order by any regulatory agency; or cause oc
uaueam beyond the reasonable control of the party affected; provided that prompt notice of such, delay
is given by such party tothe other and each of the parties hereunto shall be diligent in attempting to
remove such cause or causes, |f any circumstance of Force Majeure remains in effect for sixty (60)
days, either party may terminate this Agreement.
10. SEVERABILITY ~|n the event any portion or part thereof mf this Agreement is deemed invalid, against
public policy, mmid,uroUnerwise,unenforomab|ebye#murtof|am,fhe parties, ad the sole dlscmaionmnd
wpdno of the OWNER, ahn|| 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
11. PROGRESS PAYMENTS - OWNERmhallmake progress payments Vmaccount of the contract price to
C{)NTRACT(]Fl, on the basis of appiication for payments submitted to the OWNER or OVVNER's
Project Manmger, by CONTRACTOR es the work progresses, and |n accordance with the Contract
Documents.
Progress payments may be withheld if:
o. Work is found defective and not remedied;
b. CONTRACTOR does not make prompt and proper payments bosubcontractors;
c. CONTRACTOR does not make prompt and proper payments for |abmr, mmtaria|m, or
equipment furnished him;
d. Another CONTRACTOR is damaged byan act for which CONTRACTOR lsresponsible;
e. Claims or liens are flied on the job; or
f. In the opinion of the, City of Cape Canaveral, CONTRACTOR 'S work is not progressing
12. FINAL PAYMENT - OWNER may withhold op\o1096of the Contract Price throughout the project in
accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the
project, QVVWER shall reduce to 5% the amount of the retainage withheld from each subsequent
progress payment made tothe CONTRACTOR unless the project is subject to Federal funding, in
whole or in port, 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 aH costs associated
with existing change orders and other additions or modifications to, the constructions services provided
for in this Agreement. After 5096 completion, the CONTRACTOR may present to the OWNER a
payment request for uptoone-h0cf the rmtainmgm held by the OWNER. Owner shall promptly make
payment tu the CONTRACTOR unless the OWNER has grounds, under the Act, for withholding the
payment of the retoinage. The remaining retainaAe 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 thirty (30) days after the work im fully and properly completed, if the contract has
been fully and timely performed, but subject to the condition that final payment shall not be duo mnU|
CONTRACTOR has delivered to OWNER a complete release of liens arising out the cuntract, or
receipt me|momee of lien fully covering all labor, materials and equipment for which a lien could be Ned,
orin the alternative abond satisfactory to OWNER indemnifying him against such claims.
By making payments OWNER does not waive claims including but not limited to those relating to:
m. Faulty work appearing after substantial completion has been granted;
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North Banana River Boulevard Sidewalk Project
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:
UUTIES 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, Lonnie Dunn or his
authorized representative is the OWNER's Project Manager during the entire period of
construction. The OWNER 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. Rejection 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, Ibased 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.
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.
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North Banana River Boulevard Sidewalk Project
b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline
I
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. 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.
1T 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
negHgence, 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
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North Banana River Boulevard Sidewalk Project
OWNER or its officers, employees, and city attorneys 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 copy 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 1.0 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 may 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. If a bond lis supplied, CONTRACTOR shall provide, a certified copy of the
recorded bond to the OWNER prior to commencing the Work. CONTRACTOR acknowledges and
agrees that OWNER is prohibited from making payment to CONTRACTOR until CONTRACTOR has
provided said copy to OWNER.
24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing
the types of insurance and limits of liability as set forth below.
a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum
amount of $2,000,000 as the combined single limit for each occurrence to protect the
CONTRACTOR from claims of property damages which may arise from any Work performed
under this Agreement whether such Work 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 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 Employer's Liability
Insurance in the minimum amount of $2,000,000 for all of its employees per-forming Work for the
OWNER pursuant to this Agreement.
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North Banana River Boulevard Sidewalk Project
Special Reqlu,iremients. 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.
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 paragraph section 24.
25� MEDIATIONIVENUE - 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
equaily 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 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 snot 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.
30. PUBLIC RECORDS - In accordance with section 119.07011, Florida Statutes, CONTRACTOR agrees
that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to this Agreement or in connection with any funds provided by
the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida
Statutes. CONTRACTOR agrees to keep and maintain any and all public records that ordinarily and
necessarily would be required by the City in order to perform the services required by this Agreement,
CONTRACTOR also agrees to provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed the cost provided
by Chapter 119, Florida Statutes, or as otherwise provided by law. CONTRACTOR shall also ensure
that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law. In addition, CONTRACTOR shall meet all
requirements for retaining public records and transfer, at no cost, to the City all public records in
possession of the CONTRACTOR upon termination of this Agreement and destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure requirements. All
records stored electronically must beprovided to the City in aformat that is compatible with the
information technology systems of the City. Uf CONTRACTOR does not comply with a public records
request, the City shall have the right to enforce the provisions of this Paragraph. In the event that
CONTRACTOR fails tu comply with the provisions ofthis Paragraph, and the City is required toenforce
the provisions of this Paragnaph, or the City suffers a third party award of attorney's fees and/or
damages for violating the provisions ofChapter 119, Florida Statutes due ioC0NTP0\CTOR's failure to
comply with the provisions of this Paragraph, the City shall be entitled to collect from CONTRACTOR
prevailing party attorney's fees and oosts, and any damages incurred by the City, for enforcing this
Paragraph against CONTRACTOR. And, if app|iceLde,. the City shall also be entitled toreimbursement
of any and all attorney's fees and damages which the City was required bo pay a third party because of
CONTRACT(]R'a failure to comply with the provisions ofthis, Paragraph, This Paragraph aMa|| survive
the termination of this Agreement.
81. Notwithstanding any, other provision set forth in this Agreement, nothing
contained in this Agreement mha| be construed as a waiver ofthe CITY'S right to Sovereign Immunity
under Section 708.28. or other limitations imposed on the CITY'S potential liability under state or
federal |am. As such, the CONTRACTOR agrees that the CITY shall not be |iabAe, 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 anyclaim or judgment, or portion thereof, which, when totaled with
all other c|aimemrjudQmentspaidbytheStehaoritoogeno|eaandsubdivisionauriaingoutoftheaamo
incident or occurrence, exceeds the sum of three hundred thousand dollars ($380'000.00). This
paragraph shall survive termination of this Agreement.
32. HEADINGS - Paragraph headings are for the convenience pfthe parties only and are not to be
construed am part of this Agreement.
33. ' The drafting, execution, and delivery of this Agreement by the
Parties has been induced bynmrepresentations, stakoments,wamantea 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, vxhtten or oral, in effect between the parties
relating to the subject matter hereof unless expressly referred to herein. Modifications of this
Agmyementsha|� only bo made |n writing signed by both parties.
34. WAIVER AND ELECTION OF REMEDIES ~ Waiver hy 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 duly authorized representative mfeach party hereto,. This Agreement may be
executed in any number of counterparts, each ofwNchwhen em executed and delivered shall be
considered an original agreement; but such counterparts mhoU together constitute but one and the
same instrument.
35. DRAFTING - OWNERmnd CONTRACTOR each represent that they have both shared equaflyin
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 notices required tobmgiven by the terms of this Agreement shall be delivered by hand
or mailed, postage prepaid to:
IMMKOIDIN
Wm, Turnbaugh Construction, Inc.
4010 Sumpm* Lane
West Melbourne, Florida 32904
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North Banana River Boulevard Sidewalk Project
For OWNER:
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, Florida 32920
Either party may change the notice address by providing the other party written notice of the change.
Signed, Sealed and Delivered in the presence of:
A 0
Attes
SARAH L. NUNN
Com�nsssua� DD90�3,
My comm. expires Apr.2014
Attesl: Angela Ap erson, MMC
City Clerk
CONTRACTOR:
WM. TURNBAUGH CONSTRUCTION,
INC.
N me
Title
Business Address
Wh,., Q
City, State Zip
Date
OWNER:
CITY OF CAPE CANAVERAL
A Florida municipal corporation
LCk4.. J. )4 ^"-VLA-
By: David Greene, City Manager
105 Polk Avenue
Business Address
Cape Canaveral, FL 32922
City, State Zip
Date 3-19-2014