HomeMy Public PortalAbout2020-20 Selecting Southeastern Engineering Contractors, Inc. for the 0-13 Outfall Construction ProjectRESOLUTION NO. ?020-20
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF"
THE VILLAGE COTJNCIL OF THE VILLAGE OF KEY
BISCAYNE' FLORIDA, SELECTING SOUTHEASTERN
ENGINEERING CONTRACTORS, INC. FOR THE O.13
OUTFALL CONSTRUCTION PROJECT; PROVIDING FOR
AUTHORIZATION; AI\D PROVIDING FOR AI\
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayre (the'Vitlage') issued Invitation to Bid No. 2020'
07 (the "ITB") for constnrction of Outfall O-13 within the Vitlage's drainage easement at 14
Harbor Point (the "Capital Project"); and
WHERE^A,S, two sealed bids were received by the ITB deadline and Southeastern
Engineering Confiactors, Inc. (the "Contractor") was the lowest responsive and responsible bidder
for the Capital Project, with a bid totaling 5274,683.20; and
WIIEREAS, 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 execute an agreement with the Contractor, in an amount not to
exceed $274,683.20, in substantially the form attached hereto as Exhibit "A"; 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 TIIE VILLAGE COT NCIL OF TIm
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
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.
Page I of2
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and execute an agreement with the Contractor for the Capital Project, in an
amount not to exceed $274,683.20, in substantially the form attached hereto as Exhibit "A,"
subject to the Village Attomey's approval as to form, content, and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be etTective immediately upon
adoption.
PASSED and ADOPTED this 9'r' day of March ,2020-
l/1/
MICHAEL W. DAVEY
MAYOR
ITA H. ALVAREZ, MMC
INTEzuM VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFF
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
Page 2 of2
Attachment "A"
Stormwater Fund Budget Amendment
Capital Outlay - lnfrastructure 401-01-538-63100
West Heather Dr. Corridor 401-01-538-63143
s!44,683.20
5144,683.20
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract")is made this 20th.
day of 2020 (he "Effective Date") by and between the VILLAGE OF
KEY BISCAYNE, tr'LORIDA, a Florida municipal corporation, (the "Village"), and
SOUTHEASTERN ENGINEERING CONTRACTORS, lNC., a Florida corporation (the
"Contractor"),
WHEREAS, the Village issued Invitation to Bid No. 2020-07 (the "ITB") for construction
of Outfall O-11 within the Village's drainage easement at l4 Harbor Point (the "Project"), which
ITB is incorporated herein by reference and made a part hereof; and
WHERBAS, in response to the Village's ITB, Contractor submitted a bid for the Project
("Bid"), which Bid is incorporated herein by reference and made a part hereoi and includes the
Schedule of Bid ltems ("Pricing") attached hereto as Exhibit "A"; and
WHEREAS, Contractor submitted the lowest, responsive and responsible bid in response to
the ITB and was selected and awarded this Contract for performance of the Work (as hereinafter
defined); and
WHEREAS, Contractor has represented to the Village that it possesses the necessary
qualifications, experience and abilities to perfomr the Work or the Project, and has agreed to provide
the Work on the terms and conditions set forth in this Contract.
NOW' THEREFORE, for and in consideration of the premises and the sum of TEN AND
NOll00 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:
t. scoPE oF woRK
l.l. Contractor hereby agrees to fumish all of the iabor, 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 speciftcations prepared by Calvin Giordano & Associates, Inc. (the
"Village's Project Consultant") dated December 6, 2019 (the "Plans") and any other
documents incorporated herein by reference and made a pafi of this Contract for the
following Project:
OUTFALL O.I3 AT 14 HARBOR POINT CONSTRUCTION PROJECT
2. CONTRACT TTME
2.1. Contractor shall be instructed to corffnence the Work by wrinen instructions in the form of
a Notice to Proceed providing a commencement date and issued by the Viliage 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.
Vrllage of Kcy Biscaync, FL Contrsct No 2020-0?Pagc I of22
2.2. Time is of the essence tluoughout this Contract. The Contactor shall prosecute &e Work
with faithftlness and diligence and the Work shall be substanfially completed within
Thirty (30) calendar days from the date specified in the Notice to Proceed ("Contract
Time"). Substantial Completion shall be defined for this purpose as the date on which Village
receives beneficial use of the Project, ljre Work shall be fully con]pletgd in accordance with
the C_ontract Documents within forr.v-five f45) calendar days from the d4te spgcified in the
Notice to Proceed ("Final Completion Timg"). The Final Completion date is defined as the
date agreed to by the Village when all Work has been completed in accordance with the
Contract Documents and Contractor has delivered to Village all documentation required
herein.
2.3. Upon failure of Contractor to complete ttre Contract within the Final Completion fime,
Contractor shall pay to Village the sum of Tkee Hundred Dollars ($300.00) for each calendar
day after the expiration of the Final Completion Time mtil the Connactor achieves Final
Completion and the Project is in a state of readiness for final payment to the Contractor.
These amounts are not penalties but are liquidated damages payable by Contractor to Village
for the failure to provide full beneficial occupancy and use of the Project as required.
Liquidated damages are hereby fixed and agreed upon between the parties who hereby
acknowledge the difficulty of determining the amount of damages that willbe sustained by
Village as a consequence of Contractor's delay and failwe of Contractor to complete the
Contract on time.
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 pay to Village the amount of said excess.
3, CONTRACTPRICE
3.1. Village shallpay to Contractor for the perfonnance of the Work for actual work completed
in an amount not to exceed $2741683.20 in accordance with the Conkactor's Proposal and
Schedule of Bid Items (Pricing), attached hereto as Exhibit "A". This surn ("Contract Price")
shall be full compensation for all services, labor, materials, equipment and costs, including
overhead and profit, associated with cornpletion of all the Work in full conformity with the
Contract Documents and adjusted oniy by written change orders signed by both parties and
approved as required by local law. The Contract Price shall include all applicable sales taxes
as required by law.
3.2. Village shall make progress payments, deducting the amount from the Contract Price
above on the basis of Contractor's Applications for Payment on or before twenty (20) days
after receipt of the Pay Application, Rejection of a Pay Application by the Village shall
be within twenty (20) days after receipt of the Pay Application. Any rejection shali specify
the applicable deficiency and necessary corrective action. Any undisputed portion shall be
paid as specified above, All such payments will be made in accordance with the Schedule
of Values established in the Contract Documents or, in the event there is no Schedule of
Values, as otherwise provided in the Contract Documents. In the event the Contract
Documents do not provide a Schedule of Values or other payment schedule, Applications
Vrllagc o[Kcy Brscayrre, FL Contract No . ZAZA47 Puge 2 of22
for Payrnent shall be submitted monthly by Contractor on or before the lOth of each month
for the prior month. Progress payments shall be made in an amount equalto the percentage
of Work completed as determined by the Village or Village's Project Consultant, but, in
each case, less the ag$egate of payments previously made and less such amounts as
Village shall determine or Village may rvithhold taking into account the aggregate of
payments made and the percentage of Project completion in accordance with the Contract
Documents and Schedule of Values, 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 final completion and acceptance of the Work by Village. In
the event there is a dispute between Contractor and Village concerning a Pay Applicalion,
dispute resolution procedures shall be conducted by Village commencing within 45 days
of receipt of the disputed Payment Application. The Village shall reach a conclusion
within 15 days thereafter and promptly notifo 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 Viliage for the Work have
been applied by Contractor to discharge in full all of Contractor's obligations, including
payments to subconlractors 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 equiry.
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 (including 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 conditions precedent that: (i) Village fi.urds 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 bonowing legislation adopted
by the Village Council relative to the Project; and (iii) Village Council enacts legislation
which awards and authorizes the execution of this Contract, if such is required.
4. CONTR.A.CTDOCUMENTS
4,1. The Contract Documents, which comprise the entire agreement between the Village and the
Contractor conceming the Work, consist of this Contract for Construction (including any
change orders and amendments thereto), the Plans and Specifications, the Technical
Specifications, &y 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 incoqporated into and made a part of this Contract by this reference and
Village of Key Biscaync, FL Contmct No 202047 Page 3 of22
govern this Project. ln the event of any conflict among the foregoing, the documents shall
govem 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, corespondence,
conversations, agreernents, or understandings applicable to the matters contained herein and
the parties agree that there are no cornmitrnents, agreements, or understandings conceming
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 properly 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.
5. INDEMNIFICATION
5.1. Contractor shall defend, indemnifu, 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 perforrnance or non-
performance of this Contract or with Contractor's obligations or the Work related to the
Contract, inciuding by reason of any damage to property, or bodily injury or death incuned
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 of
reasonable aftorneys' fees and costs in the defense of any claim made under the Fair Labor
Standards 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.
6, INSURANCE AND BONDS
6.1. Insurance
6.1,1. 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 an Additional Insured, underwritten
by a firm rated A-X or better by Bests Rating and qualified to do business in the State
of Florida. Certihcates of insurance shall be provided to the Village, reflecting the
Village as an Additional Insured, no Iater than ten (10) days after award of this
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) thirry-day
Vrllage ofKey Brscayne, FL Conlract N0, 2020{7 Page 4 ol22
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
naming the 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 forlh in this Section 6.1.
6.1.1.1. CommErcial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occunence combined single limit for Bodily Injury and
Property Damage. This Liability Insurance shall also include Completed
Operations and Product Liability coverages and eliminate the exclusion with
respect to properry under the care, custody and control of Contractor. The General
Aggregate Liability limit (except for Products/Completed Operations) shall be in
the amount of $2,000,000.
6.1,1.2. 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.
6.1.1.3. Business Automobile Liabilify 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 {iled by the Insurance Services Office, and must include Owned, Hired, and
Non-Owned Vehicles.
6.1.1.4. 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 Contractor and shall provide All-Risk coverage against loss by
physical damage including, but not limited to, Fire, Extended Coverage, Theft,
Vandalisrn and Mal icious Mischief.
6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any
portion of the Work damaged, destroyed, lost or stolen until Final Completion
has been achieved for the Project, and all such Work shall be fully restored by
the Contractor, at its sole cost and expense, in accordance witb the Contract
Documents.
6,1.2. Certificate of IBsu{gp.cg 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 be granted by the
Vrllage oiKcy Biscayne, FL Contract No 2020-07 Page 5 of22
Village. The Certificates of lnsurance shall not only name the types of policy(ies)
provided, but also shall refer speciFrcally 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) caiendar 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 Certificate(s) is
subject to approval of the Village.
6.1,2.1. Additional Insu,rcd. The Village is to be specifically included as an
Additional Insured for the liability ofthe Village resulting frorn Work performed
by or on behalf of the Contractor in performance of this Contract. The
Contractor's insurance, including that applicable to the Village as an Additional
Insured, shall apply on a primary basis and any other insurance maintained 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 same manner as if separate policies had been issued to each.
6,1.2.2, 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,
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. lf required by the Village, prior to performing any portion of the Work and within
tluee (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
rnaterial payment bond for the Work, each in an amount equal to one hundred percent
(100%) of the Contract Price and each in the form provided in the Contract Documents or
in other form satisfactory to and approved in writing by Viliage and executed by a surety
of recognized standing with a rating of B plus or befter for bonds up to Two Million
Dollars. The surefy providing such Bonds must be licensed, authorized and admitted to
do business in the State of Florida and must be listed in the Federal Register (Dept. of
Treasury, Circular 570). The cost of the premiums for such Bonds is included in the
Contract Price. If notice of any change affecting the Seope of the Work, the Contract
Price, Contract Time or any of the provisions of the Contract Docurnents is required by
the provisions ofany bond to be given to a surety, the giving ofany such notice shall be
Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
vrllsge ofKey Blscayne, FL Conhcr No. 2020-07 Page 6 of22
business in Florida is temrinated or it ceases to meet applicable law or regulations, the
Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds
as applicable) and surety, allof which must be satisfactory to Village.
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the Village to enter into this Contract, the Contractor makes the
following representations and warranties:
7.1.t, Contractor represents the following:
7.1.1.1. 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 speciircations and the Plans.
7,1.1.2, Contractor has visited 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.
7.1.1.3. 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
fumishing of the Work. Contractor agrees that it will at all times comply with
all requirements of the foregoing laws, regulations and permits.
7.1.1.4, 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 Contracl 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 facilities and improvements)
at, contiguous or near to the site or otherwise whieh may affect cost, progress,
performance or fumishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction to be
employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and
furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
7.1.1.5. Contractor is aware of the general nature of Work to be performed by the
Village and others at the site that relates to the Work as indicated in the Contract
Documents.
Vrlluge of Key Biscayne, FL Contract No 2020-07 Pagc I of22
7.1.1.6. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the site, reports and drawings identified
in the Contract Documents and all additional examinations, investigations,
explorations, tests, studies and data witir the Contract Documents.
7.1.1,7, Contractor has given Village wriften notice of all conflicts, effors,
ambiguities or discrepancies that Contractor has discovered in the Contract
Documents and the written resolution thereof by Village is acceptable to
Contactor, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performance and
furnishing of the Work.
7.1.1.8. 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 workmanlike rnanner, 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, fumishing and
equipping of the Project.
7.1,2. Contractor wanants the following
7.1.2,1. 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.
7.1,2.2. AntiKickback: 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 othenwise, in the Project.
For breach or violation of this warranty, the Village shall have the right to annul
this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
7,1.2.3. Licensing and Permits: Contractor warrants that it shall have, prior to
corrrmencement of Work under this Contract and at all times during said Work,
all required licenses and permits whether federal, state, County or Village.
Contractor acknowledges that it is the obligation of Contractor to obtain all
licenses and permits required for this Project, including Village building
permits.
8. pEFAULT AI\p.TERT{INATION
Village of Key Brscsync, FL Contract Ns. 2020{7 Page 8 ol22
8.1. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient
workers and equipment or with suflicient materials to insure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall
perform 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 the
Contractor shall fail to perfonn any materialterm set forth in the Contract Documents or if
Contractor shall becorne insolvent or be declared bar*rupt, or commit any act of bankruptcy
or insolvency, or shall make an assignment for the benefit of creditors, or from any other
cause whatsoever shall not carry on the Work in an acceptable manner, Village may, upon
seven (7) days after sending Contractor a wriften Notice of Termination, terminate the
services of Contractor, exclude Contractor from the Project site, provide for altemate
prosecution of the Work, appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable, and may frnish the Work by whatever methods it may
deem expedient. In such case Contractor shall not be entitled to receive any fi.rther payment
until the Project is completed. All damages, costs and charges incuned by Village, together
with the costs of completing the Project, shall be deducted from any monies due or which
may become due to Conkactor. 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 promplly upon demand therefore by Village. In the event
it is adjudicated that Village was not €ntitled to terminate the Contract as desuibed hereunder
for default, the Contract shall automatically be deemed terminated by Village for
convenience as described below.
8.2. This Contract may be terminated by the Village for convenience upon seven (7) calendar
days' witten notice to &e Contractor. [n the event of such a termination, the Contractor
shail 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. ln such evenl,
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.
9. MISCELLAI\EOUS
9.1. No Assisnment Neither parly shall assign the Contract or any sub-contract in whole or in
part without the written consent of the other, nor shall Contractor assign any monies due or
to become due to it hereunder, without the previous wrilten consent of the Village Manager.
9.2. Contractor's Resronsibilitv for Damages and Accidents.
9,2,1, Contractor shall accept full responsibility for the Work against all ioss or damage of
any natue sustained until final acceptance by Village and shall promptly repair any
damage done from any cause.
9,2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to
the Project. In the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed prior to final acceptance by Village, Contractor shall replace same
without cost to Village.
Vrllage of Kcy Brscayne, FL Cootract No . 2020{7 Page 9 of 22
9.3. Defeptive Worh Warrantv and Gurrantee.
9.3.1. Village shall have the authority to reject or disapprove Work which the Village finds
to be defective, If required by the Village, Contractor shallpromptly either correct all
defective Work or remove such defective Work and replace it with nondefective Work.
Contractor shall bear all direct, indirect and consequential costs of such removal or
corrections including cost oftesting laboratories and personnel.
9.3.2. Should Contractor fail or reftlse to remove or conect any defective Work or to make
any necessary repairs in accordance with the requirements of the Contract Documents
within the time indicated in writing by the Village or its designee, Village shall have the
authority to cause the defective Work to be removed or conected, or make such repairs
as may be necessary at Contractor's expense. Any expense incuned by Village in
making such removals, conections or repairs, shall be paid for out of any rnonies due or
which may become due to Con[aclor. In the event of failure of Contractor to rnake all
necessary repairs promptly and fully, Village may declare Coniractor in default.
9.3.3. The Contractor shali unconditionally warrant and guarantee all labor, materials and
equipment fumished and Work performed for a period of one (l) year from the date of
Substantial Completion. If, within one (l) year after the date of substantial completion,
a:ry of the Work is found to be defective or not in accordance with the Contract
Documents, Contractor, after receipt of wriuen notice from Village, shall promptly
conect such defective or nonconforming Work within the tirne specified by Village
without cost to Village, Should the manufachrer of any materials and equipment
fumished provide for a longer warranty, then the Contractor shalltransfer such wananty
to the Village prior to Final Completion. Nothing contained herein shall be construed to
establish a period of limitation with respecl to any other obligation which Contractor
might have under the Contract Documents including but not limited to any claim
regarding latent defects. Contractor shall provide and assign to Village all material and
equipment warranties upon completion of the Work hereunder.
9,3.4, Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered.
9.4. Leeal Restrictions; Hours of Wor\: Trafflc, Provisions.
9.4.1. 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 juisdiction. Work
is anticipated to be performed Monday through Friday in accordance with the
requirements 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 rvithout the prior written approvalof the Village.
9.5. Examination anrl Retention of Contractor's Records,,
Vrllage ofKey Brscayne, FL Contmct No 2020{7 Page l0of22
9,5.1. The Village or any of its duly authorized representatives shall, until three (3) years
after final paym€nt under this Contract, have access to and the right to examine any of
the Conhactor'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 Contractor agrees to comply specifically
with the provisions of Section i 19.0701, Florida Statutes.
9.5,2. 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.
9.5.3. The right to access and examination of records stated herein and in any subcontracts
shall survive termination or expiration of this Contract and continue until disposition of
any mediation, claims, litigation or appeals related to this Project.
9.5.4. The Village may cancel and terminate this Contract immediately for refusal by the
Contractor to allow access by 0re Village Manager or designees to any Records
pertaining to work performed under this Contact that are subject to the provisions of
Chapter I19, Florida Statutes,
9.6. No Damages for Delav. 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 direci, 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 from any cause whatsoever, whether such delay,
disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable or whether or not cauSed by Village. Conhactor
shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for
such resulting delay. Notwithstanding the above Contractor may be granted an extension of
time and suspension of liquidated damages for any delay beyond the control of the
Contractor. Should any delay, disruption, interference or hindrance be intentionally caused
by the Village, for a continuous period or cumulative period of thirty (30) days, the
Contractor may terminate the Contract upon seven (7) days witten notice to the Village.
9.7. Autho rized Reoresen tative.
9.7,L. Before commencing the Work, Contractor shalldesignate a skilled and competent
authorized supervisor and representative ("Authorized 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 in the foregoing. Such representalive shall be
present or duly represented at the 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.
Vrllage of licy Biscaync, FL Contnct Nu 2020-0?Page I I of22
9.7,2. The Authorized Representative, project managers, superintendents and supervisors
for the Project are all subject to prior and continuous approval of the Village. If, at
any time during the temr of this Contract, any of the personnel either functionally or
nominally performing any of the positions named above, are, for any reasonable cause
whatsoever, unacceptable to the Village, Contractor shall replace the unacceptable
personnelwith 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 ail taxes imposed by law at the time of this Conlract.
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 fumished 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.
9.10. Safety,, Contractor shali be fully and solely responsibie 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 shallcontinually and ditigently
inspect all Work, materials and equipment to discover any conditions which rnight 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's or its
subcontractor's employees. Contractor shall maintain all portions of the Project site and
Work in a neat, clean and sanitary condition at all times. Contractor shall assure that
sub{:ontractors performing Work comply with the foregoing safety requirements.
9.11. Cleanine Uo. Contractor shall, at all times, at its expense, keep its Work areas in a
neat, clean and safe condition. Upon completion of any portion of the Work, Contractor
shall promptly remove all of its equipment, construction materials, temporary structures
and surplus materials not to be used at or near the same location during later stages of
Work, Upon completion of the Work and before final payment is made, Contractor shall,
at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment
and materials belonging to it or used in the performance of the Work and Contractor shall
leave the Project in a neat, clean and safe condition.ln the event of Contractor's failure to
comply with the foregoing, the same may be accomplished by Village at Contractor's
expense.
9.12. Rishts and Remedies. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder and in accordance with this
Contract shallbe in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
Vrllage ofKcy Brscalne, FL Contract No 2020{7 Pagc 12 ot22
9.13. Public Entitv Crimes Affidavig. 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 affrdavit.
9.L4. Canitaliz.ed Terms. Capitalized terms shall have their plain meaning as indicated
herein.
9.15, Independent Contractor, The Contractor is an independent contractor under the
Contract. This Contract does not create any parhership nor joint venture. Services provided
by the Contractor shall be by employees of the Contractor and subject to supervision by the
Contractor, and not as of{icers, ernployees, or agents of the Village, Personnel policies, tax
responsibilities, social securiry and health insurance, employee benefits, purchasing policies
and other similar administrative procedures, applicable to services rendered rurder the
Contract shall be those of the Contractor.
9.16. 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 Conhactor
is required to pay all subcontractors for satisfactory performance of their contracts as a
condition precedent to payment to Contraclor by the Village. The Contractor shall also retum
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 againsi 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 rvithin 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 Miarni-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 to become 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. Governine Law. This Contract shall be construed in accordance with and governed
by the larvs of the State of Florida. Venue for any litigation arising out of this Contract
shall be proper exclusively in Miami-Dade County, Florida.
9.f9. Waiver of Jurw Trial. VILLAGE AND CONTRACTOR KNOWiNGLY
IRREVOCABLY, VOLLTNTARILY AND INTENTIONALLY WAIVE ANY RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT
PROCEEDTNGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR
COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION,
Village ofKcy Brscayne, FL Contnct nvo.: ?020-07 Pagc 13 of22
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION
OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
9.20. lYotices/Authorized Renresentatives. Any notices required by this Contract shall
be in witing and shall be deemed to have been properly given if transmitted by hand-
delivery, by registered or certified mail with postage prepaid retum receipt requested, or
by a private postal service, addressed to the parties (or their successors) at the addresses
listed on the signature page of this Contracl or such other address as the party may have
designated by proper notice.
9,21. Prevailing Partyl Attornevst Fees. In the event of any controversy, claim, dispute
or litigation between the parties arising from or relating to this Contract (including, but
not limited to, the enlorcement of any indemniry provisions), the prevailing parly shall be
entitled to recover from the non-prevailing party all reasonable costs, expenses,
paralegals' fees, expefis' fees and attorneys' fees including, but not iimited to, court costs
and other expenses through all appellate levels.
9,22. Ownershin and Access to Records and Audits.
9.22.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information,
and all similar or related information (whether patentable or not) which relate to
Services to the Village which are conceived, developed or made by Contractor during
the term of this Contract ("Work Product") belong to the Village. Contractor shall
promptly disclose such Work Product to the Village and perform all actions
reasonably requested by the Village (whether during or after the term of this Contract)
to establish and confirm such ownership (including, without limitation, assignments,
powers of attorney and other instruments).
9.22.2. Contractor agrees to keep and maintain public records in Contractor's possession
or control in connection with Contractor's performance under this Contract. The
Village Manager or her designee shall, during the term of this Contract and for a
period of three (3) years from the date of termination of this Contract, have access to
and the right to examine and audit any records of the Contractor involving
transactions related to this Contract. Contractor additionally agrees to comply
specifically with the provisions of Section I19,0701, Florida Statutes. Contractor
shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the Contract, and following completion of the Contract until the
records are transferred to the Village.
9.22.1. Upon request from the Village's custodian of public records, Contractor shall
provide the Village with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided by Chapter I 19, Florida Statutes, or as otherwise provided by law.
Vrllage ofKey Brscayne, FL Contract No 2020-0?Page l,l of22
9.22.4, Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created in connection with
this Contract are and shall remain the property of the Village.
9.22.5. Upon completion of this Contract or in the event of terrnination by either parry, any
and all public records relating to the Contract in the possession of the Contractor shall
be delivered by the Conlractor to the Village Manager, at no cost to the Village, within
seven (7) days. All such records stored electronieally by Contractor shall be delivered
to the Village in a format that is compatible with the Village's information technology
systems. Once the public records have been delivered upon completion or termination
of this Contract, the Contractor shall destroy any and all duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
9.22,6. Any compensation due to Contractor shall be withheld until ail records are received
as provided herein.
9.22.7, Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Contract by the Village.
9.22,8. Notice Pursuant to Section 119.0701(2Xa). Florida Statutes.
IF THE CONTRACTOR TIAS QUESTIONS REGARDING THE
APPLICATION OF CrIAprER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS: CONCHITA H.
ALVAREZ, MMC, INTERIM VILLAGE CLERK, 88 West
Mclnfyre Street, Key Biscayne, FL 33149, 305-365-5506,
calv a r ez@key bi scayn e.fl . gov.
IO, SPECIAL CONDITIONS
10.1. The following provisions in this Section l0 supersede any other 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. Preliminarv Stens.
I0.2,1, Pre-Construction Conference. Within fourteen (14) calendardays after this Contract
is executed by both parties, and before any Work has commenced, a pre-construction
conference will be held between the Village, the Contractor, and the Project Consultant.
The Contractor must submit its project schedule and schedule of values, if applicable,
prior to this conference.
10.3. Proiect Schedule. Contractor must submit a proposed Project Schedule as follows:
Village of liey Biscaynr, FL Conrract No 2020-07 Pagc l5 of22
10.3.1. Schedule must identi! the schedule for each location comprising the Project. The
proposed Project schedule must be submitted within ten (10) calendar days from the date
this Contract is executed by both parties for the reviEw and approval of the Project
Consultant or Village as applicable. This initial schedule shall establish the baseline
schedule for the Project.
10.3.2. All updates of schedules must be tracked against the baseline schedule and must be at
a minimum submitted with each pay application. An updated schedule tracked against
the baseline must 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.
10.3.3. All Project Schedules must be prepared in Microsoft Project 2007 or eariier 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.
10.3.4. In 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 regular frequency prior to the start of the two-week period. This schedule will, at a
minimum, include the area(s) where Work is to be performed and the Work to be
performed in the area(s).
10.4. 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. Contactor's overhead and profit must be listed as separate line items.
Each line item nrust be identified with the number and title of ttre 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.
10.5. Construction Photogranhq. Prior to comrnencement of the Work the Conbactor
must take digital photographs and color audio-video recording to document existing
conditions and subrnit copies in an acceptable format to the Village prior to commencement
of the Work. Contractor must submit with each application for payment photographs that
accurately reflect the progress of all aspects of the Work. The number of photographs to be
taken will be based on the magnitude of the Work being performed. Contractor must submit
one copy of each photograph in print and digitally. The photographs must 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 submined on a CD-ROM or flash drive clearly
Vrllage of Kcy Brscayne, FL Contract Nu 2020-07 Page 16 of22
identif,ing the name of the Project, the name of the Contractor, and the tirneframe in which
the pictures were taken. Initial set up prints will be submitted in a three-ring binder with each
picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear
plastic sleeves that can be added to the binder. The three-ring binder must be of such size to
be able to hold all print pictures.
10.6. Staqine Site.
10.6.1. The Contractor is solely responsible for making all arrangemenls for ary 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 approval of the Village.
10.6.2. The Village at its sole discretion may make a staging site available for use by the
Contractor, If such site is 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 prior to the
Conlractor's use of the site.
10.6.3. 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.
10.6.4. No parking is permitted at a Village provided staging site without the prior written
approval of the Village.
10,7. Proiect Siensse. Contractor must fumish and install two (2) Project signs at the
Project Site in accordance with the requirements provided by the Project Consultant or the
Village as applicable.
10.8. Rovalties and Patents. All flees, royalties, and claims for any invention, or pretended
inventions, or patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the Work or appurtenances, are hereby
included in the prices stipulated in the Contract for said Work.
10.9. Purchnse nnd Deliverv. Storage and lqstallation. All materials must be F.O.B.
delivered and included in the cost of the Work. The Conhactor is solely responsible for the
purchase, delivery, offl-loading and installation of all equipment and material(s). Conbactor
must make all anangement for delivery. Contractor is liable for replacing any damaged
equipment or material(s) and filing any and all claims with suppliers. All tansportation must
comply with all federal, state (including FDOT), Miami-Dade County, and Village laws,
rules and regulations, No materials will be stored on-site without the prior written approval
of the Village.
Vrllage of Kcy Biscayne. FL Contnct No 2020{?Page l'l of22
10.10. Substitufions. Substitution of any specified materia.l 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 nol waive or mitigate the Contractor's responsibility to meet the
requirements of the Contract Documents. The Village may require an adjustnent in price
based on any proposed substitution.
10.11. UnsatisfactoryPersonnel.
f 0.l t.l. Contractor must at all tirnes enforce strict discipline and good order among its
employees and subcontractors at the 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.
10.11.2. The Village may make written request to the Confractor 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 e ither
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
unsatislactory personnel from the Work. The Contractor agrees that the removal of any
of such individual(s) does not require the termination or demotion of said individuat(s).
10.12. Contract Modificstion.
10.f 2.1. Chanqe,9,filers*
10.12.1.1. 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 will be authorized only by a change order ("CO") approved
in advance, and issued in accordance with provisions of the Contract Documents.
t0,12,1.2. 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 Time. The Contractor must provide suffrcient supporting documentation
to demonstrate the reasonableness ofthe RCO. The Village may require Contractor
to provide additional data including, but not limited 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 any schedule
Vrllage ofKey llrscaync. FL Contmct No . 2020-0?Pagc l8 of22
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
Contractor's acknowledgernent that the changes included in an RCO will not affect
the project schedule.
10.12.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price.
must be effectuated tkough a written CO executed by both parties.
10.12.1.4. In the event a satisfactory adjustnent cannot be reached, and a CO has not
been issued, given that time is of the essence, the Village res€rves the right, at its
sole option, to direct the Contractor to proceed on a tirne and materials basis or
make such arrangements as may be deemed necessary to complete the proposed
additional Work at the unit prices provided in the Contract Documents. Where the
Village directs the Contractor to proceed on a time and materials basis, the
Conhactor must maintain detailed records of all labor and rnaterial costs including
but not limited to payroll records and material receipts, Contractor must
demonstrate its costs with sufficient evidence to be entitled to compensation liom
the Village.
t0.12.2. Extension of Contract Time.
10,12.2.1. If the Contractor is delayed at any time during the progress of the Work
beyond the time lrame 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:
10.12.2.1.1. The Contractor submits an RCO requesting the additional Contract
Time within five (5) calendar days after the Contractor knew or should have
known about the delay;
10.12,7.1,2. The cause of the delay arose after the issuance of the NTP and could
not have been anticipated by the Contractor through reasonable investigation
before proceeding with the Work;
10.12.2.1.3. The Contractor demonsftates that the cornpletion of the Work will
actually be affected by the cause ofthe delay;
L0.12.2,1,4. The delay caru:ot be avoided or mitigated by the exercise of all
reasonable precautions, efforts, and measures of the Contractor.
10.12.3. Continuine the Work
10.12.3.t. Contractor rnust continue to perform all Work under the Contract Documents
during all disputes or disagreements with Village, including disputes or
disagreements concerning an RCO. Contractor shall not delay any Work pending
resolution of any disputes or disagreements.
Vrllage ofKey Biscaync. FL Contract No.. 2020.07 Page 19 of22
10.13. As-Built llrawines. During the Work, Contractor must maintain records of all
deviations from the Drawings as approved by the Project Consultant and prepare fwo copies
of As-Built Record Drawings showing conectly and accurately all changes and deviations
made during construction to reflect the Work as it was actually eonstructed. It is the
responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior
to subrnittal to the Village and to certiff in writing that the As-Built Record Drawings are
conect and accurate, including the actual location of all inliastructure. To record actual
- construction, Contractor must legibly mark on-site struchues and site Work as follows:
10.13.f. All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. I{orizontal and vertical
locations of underground utilities and appurtenances referenced to permanent surface
improvements. Actual installed pipe material, class, etc.
10.13.2. Location of intemal utilities and appurtenances concealed in the construction.
10.13.3. Field changes in dimensions and details
10.13.4. Changes made by Project Consultant's writien instructions or by Change
Order.
10.13.5. Details not on original Contract Drawings.
10.13.6. Project Consultant's schedule changes according to Contractor's records and
shop drawings.
10.f 4. Specifications and Addenda: Legibly mark each section to record
10.14.1. Manufacnrer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
10,14.2, Changes made by Project Consultant's written instructions or by Change
Order.
10.15. Approved Shop Drawings: Piovide record copies foreach process, equipment, piping,
electrical system and insffumentation system.
10.15.1. As-built documents must be updated monthly as a condition precedent to
payment, A final survey signed and sealed by a surveyor must be provided to the Village
at no additional cost, including digital I (CAD and PDF) versions.
f0.15.2. For construction of field improvements, and or roadway improvements as-
built drawings must be signed and sealed by a Florida Licensed Registered Land
Surveyor.
10.16. 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 wriuen interpretations and
Vrllage ol Kcy Brscaync, FL Contnct No 2020-07 Page 20 of22
clarifications issued by the Project Consultant, in good order and annotated to show all
changes made during construction. The record documents must be continuously updated by
Contractor ttnoughout 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 andlor field
directives as well as all written interpretations and clarifications, and all concealed and buried
installations of piping, conduit and utility services. Contractor must certi$ the accuracy of
the updated record documents. The record documents must be clean, and all changes,
conections and dimensions must be given in a 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.
10.17. MaintenAnce of Trafric. Maintenance of Traffic ("MOT") must be performed in
accordance with the applicable FDOT Index Numbers (600 Series) and as further stated
herein. The manual on Unifonn Traffic Control Devises for Sfieets and Highways (U.S.
Department of Transportation, FHWA), must be followed in the design, application,
installation, maintenance and removal of all traffic control devices, warning devices and
barriers necessary to protect the public and workmen from hazards rvith the Project limits.
Pedestrian and vehicular uaffic must be maintained and protected at all times. Prior to
corunencement 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 rveeks. 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.
10.18. Hurricsne 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 Contactor, at no cost to the Village, must take
all precautions necessary to secure any Work in response to all threatened stonn events,
regardless of whether the Contractor has been given notice of same, in accordance with the
Miami-Dade Courty Code. Compliance with any specific severe weather event or alert
precautions will not constitute additional work. Suspension of tire Work caused by a
threatened or actuat storm event, regardless of whether the Viilage has directed such
suspension, will entitle the Contractor to additional Conhact Time as non-compensable,
excusable delay.
[Remainder of page intentionally left blank. Signature pages follow.]
Villagc ofKey Brscaync, FL Contracl No 2070-47 Pagc 2l ol22
By
lN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year stated
above
VILLAGE OF KEY BISCAYNE CONTRACTOR
By
Andrea
Village Manager Name uez Jr
Attest:Title
Entity:Engineering Contractors, Inc
By:
Conchita A MMC
lnterim Clerk
Approved as to form and legal sufficiency
By &?,9,;**_
Weiss Serota Helfrnan Cote & Bierman, P.L.
Village Attomey
Addresses for Notice:
Village olKey Biscayne
Ann: Village Manager
88 West Mclntyre Street
Key Biscayne, FL 33149
305-365-55 l4 (telephone)
305-365-8936 (facsimile)
aagha@keybiscayne. fl . gov (email)
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Aftn: Chad Friedman, Esq.
Village of Key Biscayne Attomey
2525 Ponce de Leon Boulevard, Suite 700
Coral Cables, FL 33134
cfr iedman@wsh-law.com (email)
Notice:
Engineering Contractors, lnc.
Attn: Eduardo Dominguez, Jr.
9ll NW 209 Avenue, Suite l0l
Pembroke Pines, FL 33029
345-557-4226 (telephone)M:fr:lil"u
With a copy to3
Southeaslem Engineering Contractors, lnc.
Attn: Eduardo Dominguez, Jr.
{,105{NlVgSrtvenuc futad ft /&tE,ffi 345-5574226 (telephone)
q
Village ofKey Biscayne, FL Contract No . ?020-07 Page 22. of 22
Village of Key Biscayne
rT8202G07 oUTFAI_I O-13 CONSTRUCflON PROJECT
FORM PP(AI - PRTCE SCHFDULE
Item No.Unit Price Extended Price
Item No.
Firm's Name:
Signature:
Print Name/fide:
Email Address:
Jr./President
8,970.00
8,970.00
53.640.005
2,234.ffi
5.s35.00
2,536.00
12,310.00
4.588.00
12,869.00
7,544.m,
25,755.00s
2,548.00s
7,800.00s
20,(X)0.00s
74,054.00s
268.00s
1,051.00s
5,951.ms
15,576.00s
5,896.00$
870.ms
23,999.00s
4,272.00s
151,240.00
1
a
1
I
1
1
180
4r
2
2
1
1
1
z
2
1
1
1
74
233
24
s 25.765,00
s 7.800.00
s 298.00
s 7.838.00
s 870.00
s 20.000.co
S 1,051.00
S s,gs1.oo
s 1,268.00
s 8,970.00
s 2,548.00
s 8,970.00
S 184.00
5 134.00
5 1,1u.oo
s 6.536.00
s 6,896.00
s 12,310.00
S 52.00
5 1o3.oo
5 178.00
5 7s7.00
15
l5
LS
LS
t5
AL
LF
LF
EA
EA
EA
EA
EA
EA
EA
EA
EA
€A
SY
SY
SY
SY
TOTAI.PRICE
4' Dia Modified Catch Basin (Control Structure)
Paver Replacement
G€noral Rcqulrcrn€nis
Testina & Survev
. LG[:ilERAt Cor$firorrs
Mobilization/Demobilization
Stormwater Pollution Prevention
Maintenance of Traffic
Permit Allowance
SUBTOTAL
Unit Price
IL
2/|"A-20@n c
8" 4-2000 Pvc
8" A-20O0 PVC Tee-Wye
8" Yard Drain
8" Flap Gate
4'Dia Manhole
5'Dia Manhole
Remove ExistinR Catch Basin
Prop4' Dia Catch Basin
24" Checkmate lnline Tideflex Valve
Pollutant Retardant Baffle
Asphalt Restoration
Concrete Restoration
Fabriform Unimat Revetment
SUBTOTAL
cornilGEnclmte
suEToTAL FOR WOfl( ncluDlilc
1.01
1.02
1.03
1.04
1.05
1.06
Item No.
-
2.01
2.A2
2.03
2.04
2.05
2.06
2..07
2.08
7.O9
2.fi
2.11
) 1a
2.!3
2.r4
2.15
2.16
-
IddieGDSoutheaste rr]Ens.conr
EXHIBIT A
IATTACH CONTRACTOR'S SCHEDULE OF BiD ITEMS - PRICTNGI
Vrllage of Key Btscnyne . FL Contract No 1020-07 Exhrbrt A