HomeMy Public PortalAbout2021-40 Selecting JLMB Construction Corp. for the Lake Park Gazebo Improvements ProjectRE S O L U T IO N N O . 2 0 2 1-4 0
A C A P IT A L A U T H O R IZ IN G R E S O L U T IO N O F T H E
V IL L A G E C O U N C IL O F T H E V IL L A G E O F K E Y
B I S C A Y N E , F L O R ID A , S E L E C T IN G J L M B
C O N S T R U C T IO N C O RP . F O R T H E L A K E P A RK G A Z E B O
IM P R O V E M E N T S P R O J E C T IN A N A M O U N T N O T T O
E X C E E D $7 7 ,0 0 0 ; P R O V ID IN G F O R A U T H O RI Z A T IO N ;
A N D P R O V ID IN G F O R A N E F F E C T IV E D A T E .
W H E RE A S , on December 8, 2020, the Village of Key Biscayne (the "Village") Village
Council adopted Resolution No. 2020-70, selecting the lowest bidder for construction of the Lake
Park Gazebo Improvements Project (the "Capital Project") and authorizing the Village Manager
to negotiate and execute an agreement with the lowest bidder for the Capital Project pursuant to
Invitation to Bid No. 2020-65; and
WHEREAS, the Village Manager was unable to negotiate a contract with the lowest
bidder and as such rejected all bids and issued Invitation to Bid No. 2021-14 (the "ITB"); and
WHEREAS, the Village received one sealed bid by the 1TB deadline from JLMB
Construction Corp. (the "Contractor"); and
WHEREAS, pursuant to Section 3.07(b) of the Village Charter, the Village Council desires
to authorize the expenditure of Village funds for the Capital Project, select the Contractor to
perform the Capital Project, and authorize the Village Manager to negotiate and execute an
agreement with the Contractor, in an amount not to exceed $77,000, in substantially the form
attached hereto as Exhibit "A" (the "Construction Contract"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Page I of2
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Selection. That the Village Council hereby selects the Contractor to
perform the Capital Project.
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and execute the Construction Contract with the Contractor for the Capital
Project, in an amount not to exceed $77,000, in substantially the form attached hereto as Exhibit
"A," subject to the Village Attorney's approval as to form, content, and legal sufficiency.
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
PASSED and ADOPTED this 24th day of __ ___:.A=u=g=us=-t , 2021.
ATTEST:
VILLAGE CLERK
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of2
C O N T RA C T F O R C O N S T R U C T I O N
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made by and between the
VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, whose mailing
address is 88 West McIntyre Street, Key Biscayne, Florida 33149 (hereinafter referred to as
"Village"), and _,, with its principal place of business at
(hereinafter referred to as "Contractor"). ------------
WITNESSETH
WHEREAS, in response to the Village's 1TB 2021-14, Contractor submitted a bid for the
Project, which Bid is incorporated herein by reference and made a part hereof, and includes the
Schedule of Bid Items (Pricing) attached hereto as Exhibit "A"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in response to
the __ , and was selected and awarded this Contract for performance of the Work (as hereinafter
defined); and
WHEREAS, the Work or Project consists of repairs and improvements to the Lake Park
gazebo;and
WHEREAS, Contractor has represented to the Village that it possesses the necessary
qualifications, experience and abilities to perform the Work or the Project and has agreed to provide
the Work on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto do hereby agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the work described in the Contract Documents (the
"Work" or the "Project") including, without limitation as described in the approved plans,
drawings and/or specifications prepared by The Tamara Peacock Company (the "Village's
Project Consultant") dated August 28, 2020 (the "Plans") and any other documents
incorporated herein by reference and made a part of this Contract for the following Project:
Lake Park Gazebo Improvements
Contract No. 2021-14 Page 1 of25
ARTICLE2
CONTRACT TIME
2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a
Notice to Proceed providing a commencement date and issued by the Village Manager or
designee. The Notice to Proceed will not be issued until Contractor's submission to Village
of all required documents and after execution of this Contract.
2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work
with faithfulness and diligence and the Work shall ~c~µ,~stantially completed within Forty
Five (45) calendar days from the date specifie~_:iri the Notice to Proceed ("Substantial
Completion"). Substantial Completion shall be aenned for tlµ~ purpose as the date on which
Village receives beneficial use of the Project. The Work.shall be fully completed in
accordance with the Contract Documents"'within sixty (60) 6aiendar days from the date
specified in the Notice to Proceed ('Final'Completion"). The Final Completion date is defined
as the date agreed to by the Village when ail Work has been completedin accordance with
the Contract Documents.
2.3 Upon failure of Contractor to complete the Contract within the specified period of time,
Contractor shall pay to Village th~,~urri o(Two Hundred Dollars ($200.00) for each calendar
day after the time specified in Section i:i' 'for final Co'(riplet.ion and readiness for final
payment. These, fm&-1:1.1,{ts;a,re not peifahies but aii liquidated damages payable by Contractor
to Village for·the 'failure 'to provide ·@I beneficial occupancy and use of the Project as
required. Liqui~~ted damages are hereht<fixed and agreed upon between the parties who
hereby acknowledg~ the qi.fficulty of deteJmining the amount of damages that will be
sustained Qy Viltag6-:-as a~cohseql,lence o(Qontractor's delay and failure of Contractor to
99ffifaletelhe Contract 01ftfrne. The above-stated liquidated damages shall apply separately
to each phase of the Project for which a time for completion is given .
. ,
2.4 Village is authorized to deduct the-liquidated damages from monies due to Contractor for the
Work under this Contract, In case the liquidated damage amount due to Village by Contractor
exceeds monies due Contractor from Village, Contractor shall be liable and shall immediately
upon demand by Village pii_y to Village the amount of said excess.
ARTICLE3
CONTRACT PRICE
3.1 Village shall pay to Contractor for the performance of the Work the fixed total lump sum of
__________ ($ ~ in accordance with the Contractor's Proposal and
Schedule of Bid Items (Pricing), attached hereto as Exhibit "A". This sum ("Contract Price")
shall be full compensation for all services, labor, materials, equipment and costs, including
overhead and profit, associated with completion of all the Work in full conformity with the
Contract Documents and adjusted only by written change orders signed by both parties and
Contract No. 2021-14 Page 2 of25
approved as required by local law. The Contract price shall include all applicable sales taxes
as required by law.
3.2 Village shall make progress payments, deducting the amount from the Contract Price above
on the basis of Contractor's Applications for Payment on or before twenty (20) days after
receipt of the Pay Application. Rejection of a Pay Application by the Village shall be within
twenty (20) days after receipt of the Pay Application. Any rejection shall specify the
applicable deficiency and necessary corrective action. Any undisputed portion shall be paid
as specified above. All such payments will be made in accordance with the Schedule of
Values established in the Contract Documents or, in ~jie event there is no Schedule of
Values, as otherwise provided in the Contract Documents. In the event the Contract
Documents do not provide a Schedule of Values orother payment schedule, Applications
for Payment shall be submitted monthly by Contractor on-or before the 10th of each month
for the prior month. Progress payments shall be made in al'). amount equal to the percentage
of Work completed, but, in each case, less the-aggregate of'p~yments previously made and
less such amounts as Village shall determine or Village may withhold taking into account
the aggregate of payments made and the .percentage of Project completion in accordance
with the Contract Documents and Schedule of Value, if any. The Contractor agrees that ten
percent (10%) of the amount due for each progress payment or Pay Application (the
"Retainage") shall be retained by-Village until fi'n~t_cofupletion and acceptance of the Work
by Village. In the event there is'a.dispute between Cont~actor and Village concerning a Pay
Application, dispute resolution ~tpr,ocedure_s. shall be copducted by Village commencing
within 45 days of receipt of the disputed Payment Application. The Village shall reach a
conclusion within )$ ·•«ays thereafter and promptly notify Contractor of the outcome,
including payment, if applicable. ·
3.3 Each Pay Application shall include an affidavit or partial release or waiver of lien by
Contractor indicating that partial payments received from the Village for the Work have
be,¢ii;applied by -Contractor to discharge in full all of Contractor's obligations, including
payments to subcontractors and material suppliers.
3 .4 The payment of any Application for Payment by the Village, including the final request for
payment, does not constitute approval or acceptance by the Village of any item of the Work
reflected in such Application for Payment, nor shall it be construed as a waiver of any of
the Village's rights hereunder or at law or in equity.
3.5 Upon Final Completion of the Work by Contractor in accordance with the Contract
Documents and acceptance by the Village, and upon receipt of consent by any surety,
Village shall pay the remainder of the Contract Price and Retainage as recommended by the
Village's Project Consultant. Final payment is contingent upon receipt by Village from
Contractor of at least one complete set of as-built plans, reflecting an accurate depiction of
Contractor's Work.
3.6 This Contract is subject to the condition precedents that: (i) Village funds are available and
budgeted for the Contract Price; (ii) the Village secures and obtains any necessary grants or
loans for the accomplishment of this Project pursuant to any borrowing legislation adopted by
Contract No. 2021-14 Page 3 of25
the V ill age C oun cil relativ e to th e P roject; an d (iii) V ill ag e C o un cil en acts leg islatio n w h ich
aw ards and autho ri zes th e ex ecu tio n o f this C o n tra ct, if su ch is req u ired .
ARTICLE4
CONTRACT DOCUMENTS
4.1 The Contract Documents, which comprise the entire agreement between the Village and the
Contractor concerning the Work, consist of this Contract for Construction (including any
change orders and amendments thereto), the Plans and Specifications, the Technical
Specifications, any Bidding Documents or procurement documents for the Project, the
Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing), the Bonds
(defined herein), Insurance Certificates, the Notice of Award, and the Notice to Proceed, all
of which are deemed incorporated into and made'a part or' this. Contract by this reference and
govern this Project. In the event of any conflict among the foregoing, the documents shall
govern in the order listed herein. Contractor is reminded and hereby recognizes that all Work
under this Contract must comply with all applicable federal, state and local law. Any
mandatory clauses which are required by applicable law shall be deemed to be incorporated
herein.
4.2 This Contract incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter
of these Contract Documents that are not contained herein. Accordingly, it is agreed that no
deviation from, the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
4.3 The Contract Documents shall remain the property of the Village. The Contractor shall have
the-right to keep one record set of the Contract Documents upon completion of the Project;
however in no circumstances shall the Contractor use, or permit to be used, any or all of such
Contract Documents on other projects without the Village's prior written authorization.
ARTICLES
INDEMNIFICATION
5.1 Contractor shall defend; indemnify, and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action, judgment or damages, including legal fees and costs and through appeal, arising
out of or, related to, or in any way connected with Contractor's performance or non-
performance of this Contract or with Contractor's obligations or the Work related to the
Contract, including by reason of any damage to property, or bodily injury or death incurred
or sustained by any party. Contractor shall defend, indemnify, and hold the Village
harmless from all losses, injuries or damages and wages or overtime compensation due its
employees in rendering services pursuant to this Contract, including payment ofreasonable
attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards
Contract No. 2021-14 Page 4 of25
Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act,
the Americans with Disabilities Act or any employment related litigation or worker's
compensation claims under federal or state law. The provisions of this section shall survive
termination of this Contract.
ARTICLE6
INSURANCE AND BONDS
6.1 Insurance. Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amounts not less than those specified below as
satisfactory to the Village, naming the Village as ~ Additional Insured, underwritten by a
firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida.
Certificates of Insurance shall be provided to the Village, reflecting the Village as an
Additional Insured, no later than ten (10) days after award ofthis Contract and prior to the
execution of this Contract by Village and prior to commencing any Work. Each certificate
shall include no less than (30) thirty-day advance written notice to Village prior to
cancellation, termination, or material alteration of said policies or insurance. The insurance
coverage shall be primary insurance with respect to, the Village, its officials, employees,
agents and volunteers namingthe .Village as additional insured. Any insurance maintained
by the Village shall be in excess of the Contractor's insurance and shall not contribute to
the Contractor's insurance. The- insurance coverages .shall include at a minimum the
amounts set forth ii:t this Section 6.1.
(a) ,Commercia.1 General Liabilitycoverage with limits of liability of not less
than a $1,000,QQO per Occurrence combined single limit for Bodily Injury and Property
Damage, This Liability Insurance shall also include Completed Operations and Product
Liability coverages at.14 -e~fi,niri~te the exclusion with respect to property under the care,
custody and 'control of. Contractor. The 06neral Aggregate Liability limit (except for
Etoducts/Completed Operations) shall bein the amount of$2,000,000.
(b) Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws. The
policy(ies) must include Employer's Liability with minimum limits of$1,000,000.00 each
accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide
Work pursuant to this Contract who is not covered by Worker's Compensation insurance.
(c) Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must
be afforded on a form no more restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include Owned, Hired, and Non-Owned Vehicles.
(d) Builder's Risk property insurance upon the entire Work to the full
replacement cost value thereof. This insurance shall include the interest of Village and
Contract No. 2021-14 Page 5 of25
Contra ctor and shall pro vide A ll-R isk coverage against loss by physical dam age incl uding,
b u t n o t lim ite d to , F ir e , E xtended C overa ge, T heft , V andalism and M alicious M ischief.
( e) C ontra ctor ackn ow ledges that it shall bear the fu ll risk of loss fo r any
port ion of the W ork dam aged, destro yed, lost or stolen until Final C om pletion has been
achieved fo r the Project, and all such W ork shall be fu lly restored by the Contra ctor, at its
sole cost and expense, in accordance w ith the C ontract D ocum ents.
(f) Certificate of Insurance. On or before the Effective Date of this Contract,
the Contractor shall provide the Village with Certificates of Insurance for all required
policies. The Contractor shall be responsible for assuring that the insurance certificates
required by this Section remain in full force and effect for the duration of this Contract,
including any extensions or renewals that may begranted by the Village. The Certificates
of Insurance shall not only name the types of policy(ies) .provided, but also shall refer
specifically to this Contract and shall state that such insurance is as required by this
Contract. The Village reserves the right, to inspect and return a certified copy of such
policies, upon written request by the 'Village. If a policy is due to expire prior to the
completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30)
calendar days prior to the date of their policy expiration. Each policy certificate shall be
endorsed with a provision that not less than thirty (30) calendar days' written notice shall
be provided to the Village before any policy or coverage is cancelled or restricted.
Acceptance of the Ccrtificate(s) is.subject to approval ofthe Village.
6.2
❖•
(g) Additional Insured .. The Village is to be specifically included as an
Additional Insured for the-liability of the Village resulting from Work performed by or on
behalf of the Contractor in performance-of this Contract. The Contractor's insurance,
including that applicable t9 the Village as an Additional Insured, shall apply on a primary
basis .. and any other insurancemaintained by the Village shall be in excess of and shall not
contribute to the Contractor's insurance. The Contractor's insurance shall contain a
severability of interest provision providing that, except with respect to the total limits of
liability, the insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the samemanner as if separate policies had been issued to each.
(h) Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the Village. The Contractor shall be responsible for the
payment of any deductible or self-insured retentions in the event of any claim.
(i) The provisions of this section shall survive termination of this Contract.
Bonds. If required by the Village, prior to performing any portion of the Work and within
three (3) days of the Effective Date hereof, the Contractor shall deliver to Village the Bonds
required to be provided by Contractor hereunder (the bonds referenced in this Section are
collectively referred to herein as the "Bonds"). Pursuant to and in accordance with Section
255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the
performance of the Work maintain a separate performance bond and labor and material
payment bond for the Work, each in an amount equal to one hundred percent (100%) of
Contract No. 2021-14 Page 6 of25
the C ontract Price an d each in the fo rm pro vided in th e Contra ct Docum ents or in oth er
fo rm satisfa ctory to and appro ved in w riting by Village and executed by a surety of
recognized standing w ith a ra ting of B plus or better fo r bonds up to Tw o M illion
Dollars. The surety pro viding such Bonds m ust be licensed, authorized and adm itted to do
business in the State of Florida and m ust be listed in the Federa l Register (D ept. of
Treasury , Circular 570). The cost of the prem ium s fo r such Bonds is incl uded in the
Contract Price. If notice ofa ny change affecting the Scope of the W ork, th e Contract Price,
Contract Tim e or any of the pro visions of the Contract D ocum ents is required by the
provisions of any bond to be given to a surety , the giving of an y such notice shall be
Contractor's sole responsibili ty , an d the am ount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the
Contractor shall, within five (5) days of any such evefit,,-substitute another bond ( or Bonds
as applicable) and surety, all of which must be satisfactory to Village .
ARTICLE7
CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
In order to induce the Village to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1 Contractor Represents the following:
7 .1.1 Contractor has examined and .carefully studied the Contract Documents and the
other data identified in the bidding documents; including, without limitation, the
"technical data" and plans and specifications and the Plans.
7.1.2 Contractor has vi'iited the Project site and become familiar with and is satisfied as
to the general and local, conditions and site conditions that may affect cost, progress,
performance or furnishing of the Work.
7. l.3 Contractor is familiar with and is satisfied as to all federal, state and local laws,
regulations and permits that may affect cost, progress, performance and furnishing
of the Work. Contractor agrees that it will at all times comply with all requirements
of the foregoing laws, regulations and permits.
7. 1 .4 Contractor has made, or caused to be made, examinations, investigations, tests
and/or studies as necessary to determine surface and subsurface conditions at or on
the site. Contractor acknowledges that the Village does not assume responsibility
for the accuracy or completeness of information and data shown or indicated in the
Contract Documents with respect to underground or ground facilities at, contiguous
or near the site or for existing improvements at or near the site. Contractor has
obtained and carefully studied ( or assumes responsibility for having done so) all
such additional supplementary examinations, investigations, explorations, tests,
studies and data concerning conditions (surface, subsurface and underground
Contract No. 2021-14 Page 7 of25
fa cilities an d im pro vem ents) at, contiguous or near to the site or otherw ise w hich
may affect cost, pro gress, perfo rm an ce or fu rn ishing of the W ork or w hich relate to
any aspect of the m eans, m ethods, techn iques, sequences and pro cedures of
constru ction to be em ployed by Contractor and safety precautions an d pro gram s
in c id e n t th e r e to . C o n tr a c to r d o e s n o t c o n s id e r th a t an y additional exam inations,
in v e s tigations, explora tions, tests, studies or data are necessary fo r the perfo rm ance
an d fu rni s h in g o f th e W o r k a t th e C o n tra c t P r ic e , w ith in th e C o n tr a c t T im e a n d in
a c c o r d a n c e w ith th e o th e r te r m s a n d conditions of the Contra ct Docum ents.
7 .1.5 C o n tra c to r is a w a re o f the genera l nature of W ork to be perform ed by the V ill age
a n d o th e r s a t th e s ite th a t re la te s to th e W o r k a s in d ic a te d in the Contract
D o c u m e n ts .
7 .1 .6 C o n tra c to r h a s c o rr e late d th e in fo rm at io n kn o w n to C o n tr a c to r , in fo rm ation and
o b s e rv a tio n s o b ta in e d fr o m v is its to th e site , re p o rt s an d d r a w in g s id e n tifi e d in th e
C o n tr a c t D o c u m e n ts a n d a ll a d d itio n a l e x am in a tio n s , in v e s tig a tio n s , e x p lo ra tio n s ,
te s ts , stu d ie s an d d a ta w ith th e C o n tra c t D o c u m e n ts .
7 . I. 7 C o n tr a c to r h a s g iv e n V ill a g e w r itt e n n o tic e o f a ll c o n fli c ts , e rr o r s , am b ig u itie s o r
d is c r e p an c ie s th a t C o n tr a c to r h a s d is c o v e r e d in th e C o n tr a c t D o c u m e n ts a n d th e
wr itt e n re s o lu tio n th e r e o f b y V ill a g e is a c c e p ta b le to C o n ta c to r , an d th e C o n tra c t
D o c u m e n ts ar e g e n e ra ll y s u ffi c ie n t to in d ic a te an d c o n v e y u n d e r s ta n d in g o f a ll
te r m s a n d c o n d itio n s fo r p e r fo rm a n c e an d fu rn is h in g o f th e W o r k .
·' .. ,
7.1.8 The Contractor agrees and represents that it possesses the requisite qualifications
and skills to perform the Work and that the Work shall be executed in a good and
w orkm anlike manner, free from defects, and that all materials shall be new and
approved by or .acceptable to Village, except as otherwise expressly provided for in
the Contract Documents, The Contractor shall cause all materials and other parts
of the Work to be readily available as and when required or needed for or in
connection with the construction, furnishing and equipping of the Project.
7.2 Contractor warrants the following:
7 .2.1 Anti-Discrimination: Contractor agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or
service under this Contract because of race, color, religion, sex, national origin, or
physical or mental handicap where the handicap does not affect the ability of an
individual to perform in a position of employment, and agrees to abide by all federal
and state laws regarding non-discrimination.
7.2.2 Anti-Kickback: Contractor warrants that no person has been employed or retained
to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, and that no employee or
officer of the Village has any interest, financially or otherwise, in the Project. For
breach or violation of this warranty, the Village shall have the right to annul this
Contract No. 2021-14 Page 8 of25
C ontra ct w ithout liability or, in its discretion, to deduct fr om the C ontra ct Price or
considera tion, the fu ll am ount of such com m ission, percentage, bro kerage or
contingent fe e.
7.2.3 L icensing and Perm its: C ontra ctor w arr an ts that it shall have, prior to
comm encem ent of W ork under this C ontra ct and at all tim es dur ing said W ork, all
required licenses and perm its w hether fe dera l, state, C oun ty or V ill age. C ontra ctor
acknow ledges that it is the obligation of Contractor to obtain all licenses and
perm its required fo r this Project, incl uding V ill age building perm its.
ARTICLES
DEFAULT AND TERMINATION
8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt completion of the
Work within the Contract Time as specified-in Article 2, or shall perforrr; the Work unsuitably,
or cause it to be rejected as defective and unsuitable, or.shall discontinue the prosecution of
the Work pursuant to the accepted schedule or.if th~)2ontractor shall fail to perform any
material term set forth in the Contract Documents.or.ifContractor shall become insolvent or
be declared bankrupt, or comm it 8J1Y ~ct of bankruptcy or insolvency, or shall make an
assignment for the benefit of creditors, or from any othencause whatsoever shall not carry on
the Work in an acceptable manner, Villagemay, uponseven (7) days written Notice of
Termination, terminat~·,the services ofContractor, exclude Contractor from the Project site,
provide for alt,~fuaie prosecution of the Work, appropriate or use any or all materials and
equipment on theProject site';~s may be suitable and acceptable, and may finish the Work by
whatever methods it may deem expedient. In such case Contractor shall not be entitled to
receive any further pi:,tyment"ttritil the Project is completed. All damages, costs and charges
incurred ·by Village, together with the costs of completing the Project, shall be deducted from
. any monies due or which may become due to Contractor. In case the damages and expenses
so incurred by Village .shall exceed monies due Contractor from Village, Contractor shall be
liable. and shall pay to Village the 'amount of said excess promptly upon demand therefore by
Village. In the event it is· adjudicated that Village was not entitled to terminate the Contract as
described hereunder for default, the Contract shall automatically be deemed terminated by
Village for convenience as described below.
8.2 This Contract may beterminated by the Village for convenience upon seven (7) calendar
days' written notice to the Contractor. In the event of such a termination, the Contractor
shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be
compensated for all services performed to the satisfaction of the Village. In such event, the
Contractor shall promptly submit to the Village its Application for Payment for final
payment which shall comply with the provisions of the Contract Documents.
ARTICLE9
Contract No. 2021-14 Page 9 of25
M ISC ELLA N EO U S
9.1 No Assignment.
N either party shall assign the C ontract or an y sub-contract in w hole or in part w ithout the
wr itt en consent of the other, nor shall C ontra ctor assign any m onies due or to becom e due to
it hereun der, wi thout the previous wri tt en consent of the V ill age M an ager.
9.2 Contractor's Responsibility for Damages and Accidents.
9.2 .1 C ontra ctor shall accept fu ll responsibility fo r th e W ork against all loss or dam age of
an y natur e sus tained until final acceptance by V:1llage an d shall pro m ptly repair an y
dam age done fr om an y cause.
9.2 .2 C ontractor shall be responsible fo ra ll m aterial s, equipm ent and supplies pertaining to
the P roject. In the event an y suchmaterials, equipm ent and supplies are lost, stolen,
dam aged or destroyed prior to finalacceptance by V ill age, Contractor shall replace
sam e without cost to V ill age. ,
9.3 Defective Work. Warranty and Guarantee.
9.3.1 V ill age shall have the authori ty to rejec t or disapprove W ork w hich the V ill age finds
to be defective, If required by the V illage, Contractor-shall prom ptly either corr ect all
defe ctive ·w oi'k',or. rem ove such defe ctiv e -W:ork and replace it w ith non-defective
W ork._ C ontractor· shall bear 'all direct, indirect -and consequential costs of such
rem oval-or correctionsincluding'cost of testing labora tories an d personn el.
9.3.2 Should C oritfaGtQr,J~it,ot r~fu ~e to rer;npve or corr ect an y defe ctive W ork or to m ak e
any-necessary repairs in accordan ce with the requirem ents of the C ontra ct D ocum ents
w ithi n tbe':tiQl e indicated in writing.by the V ill age or its designee, V ill age shall have
th e authority]o cause the defective W ork to be rem oved or corr ected, or m ake such
repai rs as m ayb e.n ecessary at C ontra ctor's expense. An y expense incurr ed by V illage
in m ak ing such rem ovals, corr ections or repairs, shall be paid fo r out of an y m onies
due.or w hich m ay)iecom e due to C ontractor. In the event of fa ilure of C ontra ctor to
m ake.a ll necessary repairs pro m ptly an d fu lly, V ill age m ay declar e C ontractor in
defa ult
9 .3 .3 T he C ontr act or shall un conditionally w arr ant an d guar an tee all m aterials an d
equipm ent furni shed an d W ork perfo rm ed fo r a period of one (1) year fr om th e date
of Substan tial C om pletion. If, w ithi n one (1) year aft er the date of substan tial
com pletion, an y of the W ork is fo und to be defe ctive or not in accordan ce wi th the
C ontr act D ocum ents, C ontra ctor, aft er receipt of wr itt en notice fr om V ill age, shall
pro m ptly corr ect such defe ctive or nonconfo rm ing W ork w ithin the tim e specified by
V ill age w ithout cost to V ill age. N othi ng contained herein shall be constru ed to
esta blish a period of lim itation w ith respect to an y other obligation w hich C ontr actor
m ight have un der the C ontract D ocum ents incl uding but not lim ited to any cl aim
C ontra ct N o. 202 1-14 P age 10 of2 5
regarding latent defects. Contractor shall pro vide an d assign to Village all material
an d equipment warr an ties upon completion of the W ork hereunder.
9.3.4 Failur e to reject any defective W ork or material shall not in an y way prevent later
rejection when such defect is discovered.
9.4 Legal Restrictions and Hours of Work.
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of Work and Contractor's general operations. Contractor
shall conduct its operations so as not to interfere with or close any thoroughfare, without the
written consent of the Village or governing jurisdiction. Work is anticipated to be performed
Monday through Friday in accordance with the ieq'l1itefuents and limitations of applicable
law including, without limitation, the Village Code of Ordinances. The Contractor shall
not perform Work beyond the time and days provided above without the prior written
approval of the Village.
9.5 Examination and Retention of Contractor's Records.
9.6
7. The Village or any of itsd uly authorized representatives shall, until three (3) years
after final payment under this Contract, have access to and the right to examine any
of the Contractor's books, ledgers, documents, ;,papers, or other records involving
transactions related to this Contract for the purpose of making audit, examination,
excerpts, and.transcriptions. In addition, the Oontractor-agrees to comply specifically
with the provisions.of Section 119.0701, Florida Statutes
8. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of Village providing for retention and audit
of records.
9. The right to access and examination of records stated herein and in any subcontracts
shall survive termination qr expiration of this Contract and continue until disposition
of any mediation-claims, litigation or appeals related to this Project.
10. The Village may cancel and terminate this Contract immediately for refusal by the
Contractor to allow access by the Village Manager or designees to any Records
pertaining to work performed under this Contact that are subject to the provisions of
Chapter 119, Florida Statutes.
No Damages for Delay.
No claim for damages or any claim, other than for an extension of time shall be made or
asserted against Village by reason of any delays. Contractor shall not be entitled to an increase
in the Contract Price or payment or compensation of any kind from Village for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to, costs
of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance
Contract No. 2021-14 Page 11 of 25
from an y cause w hatsoever, w hether such delay, disru ption, interference or hindran ce be
reas onable or unr easonable, fo reseeable or un fo reseeable, or avoidable or un avoidable or
w hether or not caused by V ill age. Contr actor shall be entitled onl y to extensions of the
C ontra ct Tim e as the sole an d excl usive rem edy fo r such resulting delay. N otwi thstan ding the
a b o v e C o ntra ctor m ay be gran ted an extension of tim e an d suspension of liquidated dam ages
fo r an y delay beyond the contro l of the C ontra ctor. Should an y delay, disru ption, interfe rence
o r h in d r a n c e b e in te n tio n a ll y c a u s e d b y th e V ill a g e , fo r a continuous period or cum ulative
peri od of thirty (30) days, the Contractor m ay term inate the C ontra ct upo n seven (7) days
wr itt e n n o tic e to th e V ill ag e .
9 .7 Authorized Representative.
9. 7 .1 Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative ("Authorize_d Representative") acceptable
to Village to represent and act for Contractor and shall inform Village, in writing,
of the name and address of such-representative together with a clear definition of
the scope of his authority to represent and act for Contractor. Contractor shall keep
Village informed of any subsequent changes [n the foregoing. Such representative
shall be present or duly represented atthe Project site at all times when Work is
actually in progress. All notices, determinations, instructions and other
communications given to the authorized representatives of Contractor shall be
binding upon the Contractor.
;,,
9.7.2 The AutJwciied·R~presentafrv,e, project-managers, superintendents and supervisors
for the Project arcfall subject tO:prio(and oontinuous approval of the Village. If, at
any timeduring theterm of this Contract, any of the personnel either functionally
or nomimiliy,,perfom.)ing any ofthe,p,ositions named above, are, for any reasonable
cause whatsoever, :unaco_m>tllble to. the Village, Contractor shall replace the
unacceptable personnel with personnel acceptable to the Village.
9.8 Taxes.
Contractor shall pay all taxes, levies, duties and assessments of every nature which may be
applicable to any Work under this Contract. The Contract Price and any agreed variations
thereof shall include all taxes imposed by law at the time of this Contract. Contractor shall
make any and all payroll deductions required by law. Contractor herein indemnifies and
holds Owner harmless from any liability on account of any and all such taxes, levies, duties
and assessments.
9.9 Utilities.
Contractor shall, at its expense, arrange for, develop and maintain all utilities at the Project
to perform the Work and meet the requirements of this Contract. Such utilities shall be
furnished by Contractor at no additional cost to Village. Prior to final acceptance of the
Work, Contractor shall, at its expense, satisfactorily remove and dispose of all temporary
utilities developed to meet the requirements of this Contract.
Contract No. 2021-14 Page 12 of 25
9.10 Safety.
Contractor shall be fully and solely responsible for safety and conducting all operations
under this Contract at all times in such a manner as to avoid the risk of bodily harm to
persons and damage to property. Contractor shall continually and diligently inspect all
Work, materials and equipment to discover any conditions which might involve such risks
and shall be solely responsible for discovery and correction of any such conditions.
Contractor shall have sole responsibility for implementing its safety program. Village shall
not be responsible for supervising the implementation of Contractor's safety program, and
shall not have responsibility for the safety of Contractor'Kor its subcontractor's employees. /- .. 4 -·
Contractor shall maintain all portions of the Project .site and Work in a neat, clean and
sanitary condition at all times. Contractor shall ~.sur.e-'tn~t.-subcontractors performing Work
comply with the foregoing safety requirements. ·
9.11 Cleaning Up.
Contractor shall, at all times, at its expense, keep its Work areas in ~ neat, clean and safe
condition. Upon completion of any portion ofth~ W~rk, Contractor shall promptly remove
all of its equipment, construction materials, tempqr~ structures and surplus materials not
to be used at or near the same l9catioµ during latef)tages of Work. Upon completion of
the Work and before final payment is made, Contractor shall, at its expense, satisfactorily
dispose of all rub~i§Q., unused mat~tj~s and.Q!~e~ equipment and materials belonging to it
or used in the peff6rnuy19e of the Work and.Contractor shall leave the Project in a neat,
clean and saf~p.ondition:ln,the event of~optractor's·-fajlure to comply with the foregoing,
the same may oe_accornplis4e~ by Village at Contractor's expense.
9.12 Rights and Rcmcd.ies. ,
"(he duties and obligations imposed by the Contract Documents and the rights and remedies
avi:\jl,able thereundeta,µ_d in acs;~rdance with this Contract shall be in addition to and not a
limitation of any duties; obligations, rights and remedies otherwise imposed or available
by law. .
9.13 Public Entity-Crimes Affidavit.
Contractor shall comply with Section 287 .133, Florida Statutes, and (Public Entity Crimes
Statute) notification of which is hereby incorporated herein by reference, including execution
of any required affidavit.
9.14 Capitalized Terms.
Capitalized terms shall have their plain meaning as indicated herein.
9 .15 Independent Contractor.
Contract No. 2021-14 Page 13 of25
The Contra ctor is an independent contra ctor un der th e Contract. This Contract does not create
an y part nership nor joint ventur e. Serv ices pro vided by the Contractor shall be by em ployees
of the Contra ctor and subject to superv ision by the Contra ctor, and not as offi cers, em ployees,
or agents of the Vill age. Personnel policies, tax responsibili ties, soci al security and health
insurance, em ployee benefits, purchasin g policies an d other sim ilar adm ini stra tive
pro cedures, applicable to serv ices rendered under the Contract shal l be those of the Contra ctor.
9.16 Payment to Sub-Contractors.
Certification of Payment to Subcontractors: The term "subcontractor", as used herein,
. includes persons or firms furnishing labor, materials or equipment incorporated into or to be
incorporated into the Work or Project. The Contractor is required to pay all subcontractors
for satisfactory performance of their contracts as a 'condition precedent to payment to
Contractor by the Village. The Contractor shall also return all retainage withheld to the
subcontractors within 30 days after the subcontractor's work is satisfactorily complete and
accepted by the Village.
9.17 Liens.
Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed against
the Project site or any part thereof by reason of any Work, labor, services or materials supplied
or claimed to have been supplied to the Project. In the event such a lien is found or claimed
against the Project, Contractor shall within ten ( 10) days after notice of the lien discharge
the lien or liens. and cause a satisfaction of such lien to be recorded in the public records of
Miami-Dade County, Florida, or cause.such lien to be transferred to a bond, or post a bond
sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to
discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so
discharge or bond the-lien or liens within such period as required above, Village shall
thereafter have the right, but not the obligation, to discharge or bond the lien or liens.
Additionally, Village shall thereafter have the right, but not the obligation, to retain out of
any .payment then due or tobecome due Contractor, one hundred fifty percent (150%) of
the amount of the lien and to pay Village 's reasonable attorneys' fees and costs incurred
in connection therewith.
9.18 Governing Law.
This Contract shall be construed in accordance with and governed by the laws of the State
of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively
in Miami-Dade County, Florida.
9.19 Waiver of Jury Trial.
VILLAGE AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY
AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HA VE TO A TRIAL BY
JURY IN STA TE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY
ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE
Contract No. 2021-14 Page 14 of 25
CO N T RA C T FO R C O N ST R U C TI O N , A R ISIN G O U T O F, UN D E R , O R IN
CO NN E C T IO N W IT H T H E C O N ST R U C TI O N O F T H E W O RK , O R A N Y C O U R SE
O F C O N D U C T , C O U R SE O F D E A L IN G , ST A T E M E N T S O R A C T IO N S O R
IN A C T IO N S O F A N Y PA R T Y .
9.20 Notices/Authorized Representatives.
Any notices required by this Contract shall be in writing and shall be deemed to have been
properly given if transmitted by hand-delivery, by registered or certified mail with postage
prepaid return receipt requested, or by a private postal service, addressed to the parties ( or
their successors) at the following addresses: ,.
For the Village:
With a copy to:
Steven C. Williamson
Village Manager
88 WestMclntyre Street
KeyBiscayne, Florida 33149
Chad Friedman.Esq,
Village Attorney
Weiss Serota Reifman
Cole & Bierrt:1~, _P.L.
2545: Ponce de LeonBlvd., Suite 700
Coral Gables, Florida 3J 134
For The Contractor:
Attention: -------
9.21 ·Prevailing Party; Attorneys' Fees. In the event of any controversy, claim, dispute or
tltigation between th~. parties arising from or relating to this Contract (including, but not
limited to, the enforcement of any indemnity provisions), the prevailing party shall be
entitled to recover reasonable costs, expenses and attorneys' fees including, but not limited
to, court costs and other expenses through all appellate levels.
ARTICLE 10
SPECIAL CONDITIONS
10.1 The following provisions supersede any provisions contained in this Contract only to the
extent of any conflict with same. These provisions are particular to a given transaction
and are transaction specific:
10.2 Preliminary Steps.
10.2.1 Pre-Construction Conference. Within fourteen ( 14) calendar days after this Contract
is executed by both parties, and before any Work has commenced, a pre-construction
Contract No. 2021-14 Page 15 of 25
confe rence w ill be held betw een the V ill age, the C ontra ctor, an d the Project
C onsultan t. Th e C ontra ctor m ust subm it its project schedule an d sched ule of values if
applicable pri or to th is confe rence.
1 0 .2 .2 Project Schedule.
I 0.2 .2.1 C ontra ctor m ust subm it a proposed P roject schedule as fo llow s:
1 . S c h e d u le id e n t ify in g th e s c h e d u le fo r e a c h lo c atio n . Th e p ro p o s e d P roject
s c h e d u le m u s t b e s u b m itt e d w ithi n te n (1 0 ) c a le n d ar d ay s fr o m th e d a te thi s
C o n tra c t is e x e c u te d b y b o th p art ie s fo r th e r e v ie w an d a p p ro v a l o f the Project
C onsultan t or V illage as applicable. T hi s ini tial schedule shall establish the
b as e li n e s c h e d u le fo r th e P roj e c t.
2 . A ll u p d a te s o f s c h e d u le s m u s t b etra c k e d a g a in s t th e b a s e lin e s c h e d u le an d m ust
b e a t a m in im u m s u b m itt e d wi t h e a c h p a y a p p li c atio n . An u p d a te d schedule
a g a in s t th e b a s e lin e m u s t also be submitted upon execution of each CO that
impacts the Contract Time. Failure to submit such schedules will result in the
rejection of any submitted payment application.
3. All Project Schedules must be prepared in Microsoft Project 2007 or earlier
unless otherwise approved by the Project Consultant or Village as applicable. At
the time of submission. of schedules, Contractor must submit a hard copy as well
as an electronic version. Electronic versions· must not be submitted in a .pdf
format. ·
10.2.2.2 111 addition to the Project Schedule the Contractor must provide a two (2) week
look-ahead schedule that reflects the Work to be performed during the following
two (2) week period. The look-ahead schedule must be provided to the Project
Consultant and Village at·a regularfrequency prior to the start of the two-week
period. This s·che,dule will, at a 'minimum, include the area(s) where Work is to
be performed and the Work to be performed in the area(s).
10.2.3 Schedule of Values. The Contractor must submit two copies of schedule of values
within ten (10) calendar days from the date this Contract is executed by both parties.
The schedule of values shall indicate a complete breakdown of labor and material of
all categories of Work on the Project. Contractor's overhead and profit must be listed
as separate line Items. Each line item must be identified with the number and title of
the major specification section or major components of the items. The Project
Consultant or Village as applicable may require further breakdown after review of the
Contractor's submittal. The Village reserves the right to require such information from
the Contractor as may be necessary to determine the accuracy of the schedule of
values. The combined total value for mobilization under the Schedule of Values shall
not exceed 5% of the value of the Contract. The accepted Schedule of Values must be
incorporated into the Contractor's payment application form.
10.2.4 Construction Photographs. Prior to commencement of the Work the Contractor must
take digital photographs and color audio-video recording to document existing
Contract No. 2021-14 Page 16 of25
conditions an d subm it copies in an acceptable fo rm at to th e V illage prior to
comm encem ent of the W ork. Contractor m ust subm it wi th each application fo r
paym ent photographs that accur ately reflect the progr ess of all aspects of the W ork.
The num ber of photographs to be tak en wi ll be bas ed on the m agni tu de of the W ork
being perfo rm ed. Contractor m ust submi t one copy of each photogra ph in print an d
digita lly. The photographs m ust be printed on 8" X 10" high resolution glossy
commercial grade and weight color photographic print paper or in a format acceptable
to the Village. Each photograph must be imprinted on its face with the title of the
Project, the date, and time the picture was taken. Digital photographs must be taken
using .jpeg format and will be submitted on a CD-ROM or flash drive clearly
identifying the name of the Project, the name of the Contractor, and the timeframe in
which the pictures were taken. Initial set up ·p(11)ts will be submitted in a three-ring
binder with each picture protected by a cl~ar,plast,io .. sleeve. Subsequent prints are to
be submitted in clear plastic sleeves that can be ifcided to the binder. The three-ring
binder must be of such size to be able to hold all print pictures.
10.2.5 Staging Site.
10.2.5.1 The Contractor is solely responsible for making all arrangements for any
staging site(s) that may be necessary for the performance of the Work and the
Contractor is responsible for all site security, including any fencing of the site, and
any loss, damage or theft to its equipment and materials. Any fencing of the
Staging Site is subject to the prior written app/o_yal of the Village.
10.2.5 .2 The Village at its sole discretion may make a staging site available for use by
the Contractor. If such site i's made' available by the Village, the Village assumes
no responsibility or liability for the equipment or materials stored on the site, and
the Contractor will be solely responsible for any loss, damage or theft to its
equipment/and materials. The Contractor must restore the site to its pre-existing
condition pri~r-to the Contractor's use of the site.
10.2.5.3 The Contractor may be required to provide or may choose to use an office
trailer for the duration of the Project. The Contractor must have the prior written
approval of the Village as to the use of any office trailer and the placement location
for, the office trailer. The Contractor must obtain all required permits from the
appropriate regulatory agencies.
10.2.5.4 No parking is permitted at a Village provided staging site without the prior
written approval of the Village.
10.2.6 Project Signage. Contractor must furnish and install two (2) Project sign at the Project
Site in accordance with the requirements provided by the Project Consultant or the
Village as applicable.
10.3 Royalties and Patents. All fees, royalties, and claims for any invention, or pretended
inventions, or patent of any article, material, arrangement, appliance, or method that may be
Contract No. 2021-14 Page 17 of25
u sed up o n o r in an y m ann er b e co nn ected wi th th e W o rk o r ap p u rt en an ces, ar e h ereb y
incl u d ed in th e p rices stip u lated in th e C o ntract fo r said W o rk.
10 .4 Purchase and Delivery, Storage and Installation. All materials must be F.0.B. delivered
and included in the cost of the Work. The Contractor is solely responsible for the purchase,
delivery, off-loading and installation of all equipment and material(s). Contractor must make
all arrangement for delivery. Contractor is liable for replacing and damaged equipment or
material(s) and filing any and all claims with suppliers. All transportation must comply with
all federal, FOOT, Miami-Dade County, and Village rules and regulations. No materials will
be stored on-site without the prior written approval of the Village.
l 0.5 Substitutions. Substitution of any specified material or-equipment requires the prior written
acceptance of the Project Consultant. It is the sole responsibility of the Contractor to provide
sufficient information and documentation to the Project Consultant to allow for a thorough
review and determination on the acceptability of the substitution. Approval of a substitution
does not waive or mitigate the Contractor's responsibility to meet the requirements of the
Contract Documents. The Village may require an adjustment in price based on any proposed
substitution.
10.6 Unsatisfactory Personnel.
10.6. l Contractor must at all times enforce strict discipline and good order among its
employees and subcontractors atthe Project(s)· site(s) and must not employ on any
Work any unfit person or anyone not skilled in the Work to which they are assigned.
10.6.2 The Village may make written request to the Contractor for the prompt removal and
replacement of any personnel employed or retained by the Contractor, or any or
Subcontractor engaged by the Contractor to provide and perform services or Work
pursuant to the, requirements of the Contract Documents. The Contractor must
respond to the Village within five (5) calendar days of receipt of such request with
either the removal and replacement of such personnel or written justification as to why
that may not occur. The Village will make the final determination as to the removal
of unsatisfactory personnel from the Work. The Contractor agrees that the removal of
any of such individualis) does not require the termination or demotion of said
individual(s).
10. 7 Contract Modification.
10. 7 .1 Change Orders.
10.7.1. l Without invalidating the Contract Documents, and without notice to any Surety,
the Village reserves the right to make increases, decreases or other changes in the
character or quantity of the Work under the Contract Documents as may be considered
necessary or desirable to complete the Work in a manner satisfactory to the Village.
The Village reserves the right to order changes, which may result in additions to or
reductions from the amount, type or value of the Work shown in the Contract, and
which are within the general scope of the Contract Documents, and all such changes
Contract No. 2021-14 Page 18 of25
will be authorized only by a change order ("CO") approved in advan ce, and issued in
accordance with provisions of the Contract Docum ents.
10.7.1.2 For Contractor initiated change orders, the Contractor is required to provide the
Project Consultant with a detailed Request for Change Order ("RCO") in a form
approved by the Village, which must include the requested revisions to the Contract,
including, but not limited to, adjustments in the Contract Price and/or Contract Tim e.
The Contractor must provide suffi cient supporting docum entation to demonstrate the
reasonableness of the RCO. The Village may require Contractor to provide additional
data including, but not limi ted to, a cost breakdown of material costs, labor costs, labor
rates by trade, work classifications, and overhead rates to support the RCO. If
applicable, the RCO must include an y sch~tile revisions accompanied by an
explanation of the cost impact of the proposed-change. Failure to include schedule
revisions in an RCO will be deemed as the Confri!¢tor' s ackn owledgement that the
changes included in an RCO will not affect the project schedule.
10.7.1.3 Any modifications to the Contract term , Contract Time, or Contract Price, must
be effectuated thr ough a wri tten CO executed by both part ies.
10.7.1.4 In the event a satisfactory adjustrnentcannot be reached, and a CO has not been
issued or time is of the essence, the Village.reserves the right, at its sole option to
direct the Contractor to :R_rocee~ · on a time :·a.Jl? materials basis or make such
arrangements as may be deemed necessary to complete the proposed additional W ork.
Wh ere the. Village directs the:C_pntractqt to.proceed bn a time and materials basis, the
Contractor must maintain detailed records of .all labor and material costs to be
compensated by the Village. .,
10. 7 .2 Extension of Contra ct Time.
10.7.2.1 If. the Contractor is delayed at any time during the progress of the Work
beyond the time fram e provided for Final Completion by a delay beyond the
reasonable control of the Contractor, then the Contract Time shall be extended
subject to the following conditions:
l. The Contractor submits an RCO requesting the additional Contract Time
wi thin five (5) calendar days after the Contractor kn ew or should have
known about the delay;
2. The cause of the delay arose after the issuance of the NIP and could not
have been anticipated by the Contractor through reasonable investigation
before proceeding with the Work;
3. The Contractor demonstrates that the completion of the Work will actually
be affected by the cause of the delay;
4. The delay cann ot be avoided or mitigated by the exercise of all reasonable
precautions, efforts, an d measures of the Contractor.
Contract No. 2021-14 Page 19 of25
10.7.3 Continuing the W ork.
10.7.3.1 Contra ctor m ust continue to perfo rm all W ork un der the Contract Docum ents
d u ri n g al l d is p u te s o r d is a g re e m e n ts wi th V ill a g e , in cluding disputes or
d is a g reem ents concerni ng an RCO . Contractor shal l not delay an y W ork pending
re s o lu tio n o f an y d is p u te s o r d is a g r e e m e n ts .
10 .8 As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built
Record Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the Work as it was actually constructed, It is the responsibility of the
Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the
Village and to certify in writing that the As-Built Record-Drawings are correct and accurate,
including the actual location of all internal piping, electrical/signal conduits in or below the
concrete floor. Indicate the size, depth and voltage in each ~oodµjt.
.To record actual construction, Contractor must legibly mark on-site structures and site Work
as follows:
1. Depths of various elements of foundation in relation to finish first floor datum.
·'
2. All underground piping and ductwork with elevations and dimensions and locations
of valves, pull boxes, etc. Changes 4; J.9cation. Horizontal and vertical locations of
underground .. µijlities and ,appurfon,~c~~ referenced to permanent surface
improvements. Actual installedpipe g,:ateritil! class, etc.
3. Location 9f internal utilities and appurtenances concealed in the construction,
referenced to visible .and accessible features of the structure. Air conditioning ducts
with locations of dampers, access doors, fans and other items needing periodic
maintenance.
4. Field changes.in dimensions and details.
5. Changes made by Project Consultant's written instructions or by Change Order.
6. Details not on original Contract Drawings.
7. Equipment, conduit, electrical panel locations.
8. Project Consultant's schedule changes according to Contractor's records and shop
drawings.
Specifications and Addenda: Legibly mark each section to record:
1. Manufacturer, trade name, catalog number and Supplier of each product and item of
equipment actually installed.
2. Changes made by Project Consultant's written instructions or by Change Order.
Contract No. 2021-14 Page 20 of25
Approved Shop Drawings: Pro vide record copies for each process, equipment, piping,
electrical system an d instrum entation system.
As-built documents must be updated monthly as a condition precedent to payment. A final
survey signed an d sealed by a surv eyor must be provided to the Village at no additional cost,
including digital l (CAD an d PDF) versions.
For construction of new building, or building additions, field improvements, an d or roadway
improvements as-built drawings must be signed an d scaled by a Florida Licensed Registered
Lan d Surveyor.
I 0.9 Record Set. Contractor must maintain in a safe place one record copy and one permit set of
the Contract Documents, including, but not limited to, all Drawings, Specifications,
amendments, COs, RFis, and field directives, as well .as all written interpretations and
clarifications issued by the Project Consultant, in good rifd(;r and annotated to show all
changes made during construction. The record documents must be continuously updated by
Contractor throughout the prosecution of the Work to accurately reflect all field changes that
are made to adapt the Work to field conditions, changes resulting from COs and/or field
directives as well as all written interpretations and clarifications, and all concealed and buried
installations of piping, conduit, and .. utility services. Coritractor must certify the accuracy of the
updated record documents. The record documents must be clean, and all changes, corrections
and dimensions must be given ina neat and legible manner in red. Upon Final Completion
and as a condition precedent to Contractor's entitlement to final payment, the Record Set must
be delivered to the Project Consultant by the Contractor, The Record Set of Drawing must be
submitted in both hard copy and as electronic plot files.
10.10 Maintenance of Traffic. Maintenance of Traffic ("MOT") must be performed in accordance
with the applicable FOOT Index Numbers (600 Series) and as further stated herein. The
manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of
Transportation, FHW A), . .must be· followed in the design, application, installation,
mamtenance and removal of'all traffic control devices, warning devices and barriers necessary
to protect the public and workmen from hazards with the Project limits. Pedestrian and
vehicular traffic must be maintained and protected at all times. Prior to commencement of the
Work, Contractor must provide the Village with a proposed MOT plan for review. The
Village may require revisions to the proposed MOT plan. The MOT plan must be updated by
the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance
of a stop work order. The Contractor will not be entitled to additional Contract Time for delays
resulting from its failure to provide the required MOT plan.
10.11 Hurricane Preparedness. During such periods of time as are designated by the United States
Weather Bureau or Miami Dade County as being a severe weather event, including a
hurricane watch or warning, the Contractor, at no cost to the Village, must take all precautions
necessary to secure any Work in response to all threatened storm events, regardless of whether
the Contractor has given notice of same, in accordance with the Miami-Dade County Code.
Compliance with any specific severe weather event or alert precautions will not constitute
additional work.
Contract No. 2021-14 Page 21 of25
Su sp ension o f the W o rk caused b y a thr eaten ed o r ac tu al storm ev ent, re g ar dless o f w hether
t h e V ill ag e h as d i r e c t e d s u c h s u s pe n s i o n , w ill en titl e th e C ontractor to ad di tion al C o n tract
T im e as n o n -c o m p e n s a b l e , e x c u s a b l e d e l ay .
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
[SIGNATURE PAGES FOLLOW ON NEXT PAGES]
Contract No. 2021-14 Page 22 of25
IN WI T NE SS WHE RE O F , the parties hereto have made and executed this Contract on the
respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, signing by and
through its Village Manager authorized to execute same, and , a
Florida corporation, signing by and through _, its _, duly authorized to
execute same.
VILLAGE:
VILLAGE OF KEY BISCAYNE, FLORIDA, a
Florida municipal corporation
ATTEST:
VILLAGE CLERK
By: ___,., _
Steven C. Williamson, Village Manager
Date Executed: ---------
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Contract No. 2021-14 Page 23 of25
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION FORMAT, AS APPLICABLE.
CONTRACTOR:
By:------------
Name: ----------
Title: ---~------
ATTEST:
Date Executed: 20 _______ _,
By: ------
Title: -----
Contract No. 2021-14 Page 24 of25
EXH IB IT "A"
(A tt ac h C on tr a c tor 's S c h e d u le o f B id It ems - Pricing)
Contract No. 2021-14 Page 25 of25
Origional Bid Negotiated
Unit Quantity Quantity
# Item Measure Required Unit Price Total Cost Required Unit Price Total Cost
#1-1 General Requirements & Conditions LS 1 $7,579.00 $7,579.00 1 $4,329.00 $4,329.00
#1-2 Mobilization & Demobilization LS 1 $260.00 $260.00 1 $260.00 $260.00
#1-3 Replace Wood Structural Members SF 50 $68.90 $3,445.00 200 $48.10 $9,620.00
#1-4 Replace Metal Roof with new by Englert 2000 Series SF 470 $39.55 $18,589.91 470 $39.55 $18,588.50
#1-5 Replace Fascia LF 88 $42.55 $3,743.96 88 $17.72 $1,559.36
#1-6 Replace Aluminum Railing LF 51 $163.80 $8,353.80 51 $163.80 $8,353.80
#1-7 Paint Wood Roof Truss and Wood Ceiling in white SF 900 $17.33 $15,599.70 900 $2.34 $2,106.00
#1-8 Furnish and Install New Furniture (2 benches by Polywood) EA 2 $556.40 $1,112.80 2 $556.40 $1,112.80
#1-9 Replace Column Lights EA 8 $482.63 $3,861.04 8 $482.63 $3,861.04
#1-10 Remove Existing Slab Paint, Resurface the slab, and Stamp Concrete Floor (palm leaf) SF 444 $34.32 $15,235.86 444 $26.93 $11,956.92
#1-11 Strip existing column to substrate and Install Limestone Clading SF 304 $49.31 $14,989.02 304 $40.47 $12,302.88
#1-12 Landscape Allowance AL 1 $650.00 $650.00 1 $0.00 $0.00
$93,420.09 $74,050.30