HomeMy Public PortalAbout2020-43 Selecting Florida Engineering and Development Corp. for Construction of the Safe Routes for School ProjectRESOLUTION NO. 2020.43
A CAPITAL AUTHORIZING RESOLUTION OF THE
VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING FLORIDA
ENGINEERING AND DEVELOPMENT CORP. FOR
CONSTRUCTION OF THE SAFE ROUTES TO SCHOOL
(SRTS) PROJECT IN AN AMOUNT NOT TO EXCEED
$485,300; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscalme (the "Village") issued Invitation to Bid No
2020-47 (the "ITB") for construction of the Safe Routes to School Key Biscayne K-8 Center
Project (the "Capital Project"); and
WHEREAS, four sealed bids were received by the ITB deadline and Florida Engineering
and Development Co.p. (the "Contractor") was the lowest responsive and responsible bidder for
the Capital Project, with a bid totaling $441,180.30; and
WHEREAS, after review and evaluation of the bids submitted in response to the ITB,
the Village Manager recommends that the Contractor be selected to perform the Capital Project
as the lowest responsive and responsible bidder; 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 execute an agreement with the Contractor, in an amount not to
exceed $485,300, 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, THEREFOREO BE IT RESOLVED BY THE VILLAGE COUNCIL OF'
THE VILLAGE OF'KEY BISCAYNE, FLORIDAO AS FOLLOWS:
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Section l. 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
perfbrnt the Capital Project pursuant to Section 3.07(b) of the Village Charter.
Section 3. Authorization. That the Village Council hereby authorizes the Village
Manager to execute the Construction Contract with the Contractor for the Capital Project, in an
atttount not to exceed 5485,300, in substantially the fonn attached hereto as Exhibit "A," subject
to the Village Attorney's approval as to fonn, content, and legal sufficiency.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 30'r'day of June, 2020.
L/t
ATT W. DAVEY, MAYOR
P J A
LAGE CLERK
APPROVED AS TO FORM AND LEGAL S
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L
VILLAGE ATTORNEY
Pagc 2 of2
SECTION 3
CONTRACT FOR CONSTRUCTION
BETWEEN VILLAGE OF'BISCAYNE AND FLORIDA
ENGINEERING AND DEVELOPMENT CORP.THIS IS A CONTRACT FOR CONSTRUCTION ("Contract"), dated
("Effective Date") by and between the VILLAGE OF KEY
BISCAYNE, FLORIDA, a Florida municipal corporation, whose mailing address is 88 West
Mclntyre Street, Key Biscayne, Florida 33149 (hereinafter refered to as "Village"),
and FLORIDA ENGINEERING AND DEVELOPMENT CORP., a profit corporation,
with its principal place of business at 12076 NW 98th Avenue, Hialeah Gardens, Florida
33018 (hereinafter referred to as "Contractor").
WITNESSETH
WHEREAS, the Village solicited bids for the construction of SAFE ROUTES TO
SCHOOL KEY BISCAYNE K-8 CENTER ("Project") through Invitation to Bid No. 2020-47;
and
WHEREAS, the Contractor responded to the Village's solicitation by submitting its bid
("Bid"), attached and incorporated into this Contract as Exhibit A; and
WHEREAS, after review and consideration of all submitted bids, the Village Manager
recommended the Contractor to perform all necessary tasks, including furnishing all labor,
materials, equipment, services and incidentals described in the Contract Documents (the
"Work") for the Project; and
WHEREAS, on pursuant to Resolution No. 20-_, attached and
incorporated hereto as Exhibit B, the Village Council approved the Contractor to perform the
Work and authorized the Village to contract with the Contractor to perform the Work for the
Project; and
NOW' THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Contractor and the Village agree as follows:
ARTICLE I
SCOPE OF WORK
l.l Contractor shall perform the Work as set forth in the Contract Documents.
1.2 Contractor shall perform all necessary tasks in order to complete the Work.
1.3 All Work under this Contract shall be completed for an amount not to exceed
$441'180.30 ("Contract Price/Base Bid Amount"). The Contract Price shall be paid in
progress payments no more often than monthly based upon the Engineer's certification of
the value of the Work performed based on the unit prices listed on Contractor's Bid
Form. Contractor bears the risk and responsibility that compensation may not be
amended due to delay or extensions of time.
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ARTICLE 2
TERM
2.1 The Village Manager will issue a Notice to Proceed for the Contractor to commence the
Work to be substantially completed within 180 consecutive calendar days after the
Commencement Date set forth in the Notice to Proceed (the "Contract Time").
2.2 The parties intend for the Work to commonce within thirty (30) days of the Effective Date
of this Contract. The Work shall be completed in accordance with all Contract
Documents, including, but not limited to, the Modified EJCDC Standard General
Conditions of the Construction Contract, attached hereto and incorporated herein as
Exhibit C ("General Conditions"). The Village may allow extended daily working hours
and work on weekends if requested by Contractor with advance notice and approved by
the Village in writing.
ARTICLE 3
BENCHMARKS AND REMNDIES FORBREACH
3.1 Contractor acknowledges and agrees that the Village shall have no obligation to issue a
Notice to Proceed for the Work or any portion thereof, A Notice to Proceed will not be
issued until Contractor's submission to Village of all required documents under this
Contract and execution ofthis Contract.
3.2
J.J
The Contractor shall prosecute all Work with faithfulness and diligence.
Liquidated Damages. Owner and Contractor recognize that time is of the essence of
this Contract and that Owner will suffer financial loss and other damages if the Work is
not substantially complete within the Contract Time, plus any extensions thereof allowed
in accordance with Article ll of the General Conditions. The parties also recognize the
expense and difficulties involved in proving in a legal or arbitration proceeding the actual
toss suffered by Owner if the Work is not substantially complete within the Contract
Time. Contractor acknowledges and agrees that the actual delay damages which Owner
will suffer in the event of delay in achieving Substantial Completion of the Work are
difficult, if not impossible, to determine and that the liquidated damages described herein
are a fair and reasonable estimate of the delay damages which the Owner is expected to
suffer in the event of such delay. Accordingly, instead of requiring any such proof
Owner and Contractor agree, that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner, in accordance with the FDOT Specifications Table attached
to and incorporated into this Contract as part of Exhibit I, the liquidated damages
amount, for each day after the Contract Time expires up until the date the Contractor
achieves actual Substantial Completion of the Work set forth in the applicable Work
Order. Liquidated damages shall be deducted from the Contractor's Applications for
Payment. However, if at the time of the Contractor's Final Application for Payment,
Contractor is owed insufficient amounts to fully cover the deduction for liquidated
damages, then Contractor shall pay any amount due within ten (10) days of written
demand by Owner.
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3.4
3.5
4.t
4.2
4.3
4.4
Amount of Liquidated Damages: Applicable liquidated damages are the amounts
established in the Department's schedule at Section 8-10.2 of the LAP Division I
Specifications (Rev. 4-2-19) ( I -20) that are attached to this Contract as part of Exhibit I.
Recognizing the impossibilify of ascertaining the precise amount of damages that will be
sustained by the Village as a consequence of such delay, Liquidated Damages are hereby
fixed and agreed upon between the parties. The parties have agreed upon Liquidated
Damages to obviate any question or dispute regarding the amount of damages and costs
and effect of Contractor's failure to complete the Work within the Contract Time.
The Contractor hereby agrees that the Village is authorized to deduct the Liquidated
Damages from monies due to Contractor for the Work pursuant to this Contract. In the
event that the amount of Liquidated Damages due to the Village by Contractor exceeds
the payment or monies due to the Contractor pursuant to this Contract, the Contractor
shall be liable and shall immediately, upon demand by Village, make payment to the
Village in the amount of said excess.
ARTICLE 4
CONTRACT PRICE
The Village shall pay to the Contractor for the performance of the Work, or any portion
thereof, that has been completed for the prior month, a portion of the Contract Price
based on the Unit Pricing as set forth in Exhibit A, subject to the conditions, limitations,
and restrictions of Section 4.4 herein and in accordance with the General Conditions, up
to the total amount of the Contract Price. The Pay ltem Unit Prices shall be full
compensation for all costs, including overhead and profit, associated with completion of
the Work, or any portion and in full conformity witti the Contract Documents, including
all requirements as stated or shown, or both, in the Drawings and Specifications, as
defined in the General Conditions.
The Contract Price shall not be modified except by a Change Order issued by the Village
or as otherwise specified herein.
The Contract Price may be adjusted by the Village pursuant to Section 11.07 of the
General Conditions. The Village has no obligation to adjust the Contract Price as
Contractor bears the risk that the sum of the Unit Prices for all the Work under this
Contract does not exceed the Contract Price.
Village and Contractor agree that this Contract, and any Work authorized pursuant to this
Contract, shall be subject to the conditions precedent that Village funds are available,
appropriated, and budgeted for the accomplishment of the Work, or any portion thereof,
for this Project, and that the Village secures and obtains any necessary loans, grants, or
proceeds necessary for the accomplishment of this Project pursuant to a duly authorized
Village borrowing enabling ordinance and any loan implementing resolution, or
acceptance resolution, adopted by the Village Council as described in the Village
Council resolution which awards and authorizes the execution of this Contract.
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4.5
4.5
4.7
4.8
Village shall make progress payments on the basis of Work completed and approval of
Contractor's Application for Payment(s), as defined by section l.0l(3) of the General
Conditions, on or before thirfy (30) days after receipt of the Application for Payment so
long as it also complies with Article 13 of the General Conditions. Rejection of an
Application for Payment by the Village shall be within twenty (20) days after receipt of
the Application for Payment. Any rejection shall speciff 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
Article 13, Section 13.01 of the General Conditions, or, in the event there is no Schedule
of Values, then payments will be made for Work completed as provided in this Article 4.
4.5. I In the event the Contract Documents do not provide a Schedule of Values or other
payment schedule, Applications for Payment shall be submitted monthly by
Contractor on or before the l0th of each month for the prior month's Work.
Progress payments shall be made in an amount equal to the percentage of Work
completed, but, in each case, less the aggregate of payments 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 Values, if any.
4.5.2 The Contractor agrees that ten percent (10%) of the amount due for each progress
payment, or Application for Payment, shall be retained by the Village (the
"Retainage") until Final Completion and acceptance of the Work by the Village,
In the event there is a dispute between the Contractor and the Village concerning
an Application for Payment, dispute resolution procedures shall be conducted by
the Village commencing within forty-five (45) days of receipt of the disputed
Application for Payment. The Village shall reach a conclusion within fifteen (15)
days thereafter and promptly notif, Contractor of the outcome, including
payment, if applicable.
Each Application for Payment shall include an affidavit, or partial release, or waiver of
lien by Contractor indicating that partial payments received from Village for the Work
have been applied by Contractor to discharge in full all of Contractor's obligations,
including payments to subcontractors and material suppliers.
The payment of any Application for Payment by Village, including the final request for
payment, does not constitute approval or acceptance by 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.
Prior to the issuance of final payment, the Village and the Engineer shall conduct a
performance evaluation with the Contractor in accordance with procedures determined by
the Village and approved by FDOT.
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5.1
ARTICLE 5.
CONTRACT DOCUMENTS
Each of the following listed exhibits are hereby made a part of this Contract for the
Project (collectively "Contract Documents"):
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
12 of ITB)
Exhibit G
Exhibit H
Exhibit I
Bid or Proposal Submitted by Contractor (from Section 4 of ITB)
Village Authorization: Resolution No. *'k-**(Village to provide)
General Conditions (from Section 5 of ITB)
Advertisement for Bids (from Section I of ITB)
Contractor's Executed Bid Forms (from Sections 7-l I of ITB)
Executed Performance Bond and Payment Bond (Forms from Section
Insurance and License Certificates (Contractor to provide)
Drug-Free Work Place Form (from Section l6 of ITB)
Project Specifications, LAP Attachments & Drawings (from Sections
17-20 of ITB)
5.2 Prioritv of Intcroretation. The Code and any Village resolutions take precedence over
this Contract. This document without exhibits is refened to as the "Base Agreement." In
the event of any conflict or inconsistency in the definition or interpretation of any word,
responsibility, schedule, or the contents or description ofany task, deliverable, service, or
other work, or otherwise, between the Base Agreement and the exhibits, or between
exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the
body of this Base Agreement, and then to the exhibits according to the following priority:
Village Resolution Approving Contractor, Exhibit B
Village Invitation to Bid (ITB)
Drawings and Speciftcations and all other Exhibit f documents
Contractor's Response to ITB, Exhibit A
Insurance Certificates, Exhibit G
Notice to Proceed (NTP)
Performance Bond, and Payment Bond, in the forms included as Exhibit
F
Any mandatory clauses which are required by such federal, state, or other govemmental
regulations shall be deemed to be automatically incorporated herein. In the event of any
conflict among the foregoing Contract Documents, the documents shall govern in
the order listed and/or as determined by the Village Engineer, provided, however, there
are certain state and/or federal requirements that pre-empt or are more restrictive than the
Village's local procurement requirements, and they shall govem over any local
requirements.
5.4 The Contract Documents shall remain the propefi of the Village. The Contractor shall
have the right to keep one record set of the Contract Documents upon completion of the
Project; provided; however, that in no event 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.
a.
b.
c.
d.
e.
f.
o
5.3
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ARTICLE 6
INDEMNIFICATION
6.1 To the extent provided by law, Contractor shall defend, indemniff and hold harmless the
Village and the State of Florida, Department of Transportation, including their officers,
agents, and employees against any actions, claims, or damages arising out of, relating to,
or resulting from negligent or wrongfut act(s) of the Contractor or any of its officers,
agents, or employees, acting within the scope of their office or employment, in
connection with the rights granted to or exercised by Contractor hereunder, to the extent
and within the limitations of Section 768.28, Florida Statutes.
6.2 The foregoing indemnification shall not constitute a waiver of sovereign immunity
beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be
construed to constitute agreement by Contractor to indemnift Village for the negligent
acts or omissions of Village, its officers, agents or employees or third parties, Nor shall
the same be construed to constitute agreement by Contractor to indemni$r the State of
Florida, Depaftment of Transportation for the negligent acts or omissions of the
Department, its officers, agents or employees or third parties. This indemnification shall
survive the termination of this Contract.
6.3 In any and all claims against the Village, the State of Florida, Department of
Transportation, or any of their consultants, agents, officers or employees by any
employee of Contractor, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the work or anyone for
whose acts any of them may be liable, the indemnification obligation under the above
paragraph shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for Contractor or any such
Subcontmctor or other person or organization under workers or workman's
compensation acts, disability benefit acts or other employee benefit acts.
6.4 It is the specific intent of the parties hereto that the foregoing indemnification complies
with Florida Statute 725.06 (Chapter 725).lt is firrther the specific intent and agreement
of the parties that all of the Contract Documents on this project are hereby amended to
include the foregoing indemnification.
6.5 The official title of the Village is "Village of Key Biscayne". This official title shall be
used in all insurance, or other legal documentation. Village of Key Biscayne and the
Department of Transportation are to be included as "Additional Insured" with respect to
liability arising out of operations performed for Village of Key Biscayne by or on behalf
of Contractor or acts or omissions of Contractor in connection with such operation.
ARTICLE 7
INSURANCE AND BONDS
7.1 Insurance. Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amounts as listed in the Contract Documents,
including and in no event less than the policies, coverages and minimum limits specified
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below and as satisfactory to Village, naming the Village as an Additional Insured,
underwritten by a firm rated A-X or better by Bests Rating and qualifred to do business in
the State of Florida. Certificates of Insurance shall be provided to the Village, reflecting
the Village and the Department of Transportation, each as an Additional Insured, no later
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 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 and the Department and their oflicials,
employees, agents and volunteers, naming the Village and the Department, each as
additional insureds.
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 in this Section and may be increased by the
Village as it deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability of not less than:
Combined Bodily Injury Limits:
$200,000 per person
$300,000 per occurence
Property Damage Limits:
$300,000 per occurrence
This Liability Insurance shall also include Completed Operations and Product Liability
coverages and eliminate the exclusion with respect to propefi under the care, custody and
control of Contractor.
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 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 $300,000 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. If the Work involves performance of environmental or remedial hazardous-
material operations involving pollutants such as asbestos, mold, lead, or any other
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substance that is excluded from coverage under Contractor's liability insurance or
the introduction, removal or transportation of hazardous substances or other
pollutants to or from the Project site(s), then Contractor shall carry a CPL policy
with limits not less than $300,000 per occurrence and in the aggregate. If
coverage is written on a claims-made form, the CPL policy's retroactive date
must not be later than the date on which Contractor began performing the Work
under this Contract. Coverage must remain in place for the full construction
period and then provide for l0 years completed operations.
e. 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 with the Contract
Documents.
f. 9_ggificute of lnsurancc. 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, inctuding any extensions or renewals that may be granted 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 and for all such eligible policies, names
the Village and the Florida Department of Transportation, each as Additional
Insureds. The Village reserves the right to inspect and retum 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 thirly (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 and the Department before any policy or coverage is
cancelled or restricted, or as provided in accordance with Florida law.
Acceptance of the Certificate(s) is subject to approval of the Village.
g. Addltional lnsured, The Village and the Department are each to be specifically
included as an Additional Insured for the liability of the Village or the
Department, as the case may be, resulting from Work performed by or on behalf
of the Contractor in performance of this Contract. The Contractor's insurance,
including that applicable to the Village and Department as Additional Insureds,
shall apply on a primary basis and any other insurance maintained by the Village
shall be in excess ofand 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
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7.2
7.3
8.1
shall apply to each Insured or Additional Insured (for applicable policies) in the
same manner as if separate policies had been issued to each.
h. Deductibles. All deductibles must be declared to and be reasonably approved by
the Village. The Contractor shall be responsible for the payment of any deductible
in the event of any claim.
i. Self--I.Esured Retention. Policies that include Self Insured Retention will not be
accepted.
j. The provisions of this Section shall survive termination of this Contract.
Bonds. 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 Performance Bond and
Payment Bond required hereunder and by the Contract Documents to be provided by
Contractor ("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 the Bonds for the Work in the amount of the Base Bid, in the form
provided in the Contract Documents and attached hereto as Exhibit F or another form
satisfactory to, and approved in writing by the Village.
The surety providing such Bonds must be licensed, authorized, and admitted to do
business in the State of Florida. The cost of the premiums for such Bonds is included in
the Contract Price. If notice of any change affecting the Scope of the Work, Conffact
Price, Contract Time or any of the provisions of the Contract Documents 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
business in Florida is terminated or it ceases to meet applicable law or regulations, the
Contractor shall, within five (5) days of any such event, substitute another bond and
suret5r, all of which must be satisfactory to Village.
Notwithstanding any obligation which may be set forth or required in the Contract
Documents, the Village shall not be required to procure or maintain any insurance in
connection with the Work or this Contract, including, but not limited to, Owner's
Liability Insurance or Property Insurance.
ARTICLE 8
CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
In order to induce the Village to enter into this Contract, the Contractor makes the
following representations and warranties:
8.1.1 Contractor has examined and carefully studied the Contract Documents and the
other data identified in the bidding documents, including, without limitation, the
"technical specifications and data" and drawings and specifications, attached
hereto and incorporated herein, as Exhibit I.
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8.1.2 Contractor has visited the Project site and has become familiar with the site and is
satisfied as to the general, local, and site conditions that may affect cost, progress,
performance or furnishing of the Work.
8.1.3 Contractor has taken affirmative efforts, either in past experience or active due
diligence, to become familiar with, and warrants to comply, with all federal
regulations stated herein, and other applicable federal, state, and local laws,
regulations, and permits necessary for the legal performance of this Contract.
Contractol is aware of all 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 federal, state, and local laws,
regulations, and permits applicable to the Work even if such laws and regulations
are not specifically enumerated in this Contract.
8.1.4 Contractor has had the opportunity and made, or caused to be made,
examinations, investigations, tests and/or studies as necessary to determine
surface and subsurface conditions at or on the Project sites. 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 Project sites or for existing improvements at or near the sites. 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 sites or otherwise which
may affect cost, progress, performance or furnishing 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 within the Base Bid Amount/Contract
Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents,
8.1.5 Contractor is aware of the nature of work to be performed by the Village and
others at the sites that relates to the Work as indicated in the Contract Documents,
8.1.6 Contractor has correlated the information known to Contractor, information and
obsewations obtained from visits to the Project site, reports and drawings
identified in the Contract Documents and all additional examinations,
investigations, explorations, tests, studies and data with the Contract Documents.
8.1 .7 Contractor has given the Village written notice of all conflicts, errors, ambiguities
or discrepancies that Contractor has discovered in the Contract Documents and
the written resolution thereof by Village is acceptable to Contractor, and the
Contract Documents are generally sufficient to indicate and convey understanding
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of all terms and conditions for performance and furnishing of the Work.
8.1.8 The Contractor agrees and represents that it possesses the requisite skills to
perform the Work and that the Work shall be executed in a good and workmanlike
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.
8.2 Contractor further warrants and covenants the following
8.2.1 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 ofrace, 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.
8.2.2 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 without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage, brokqrage
or contingent fee.
8.2.3 l-,iqens!n8|. and Permits. Contractor warrants that it shall have, prior to
commencement of Work under this Contract and at all times during said Work, all
required valid licenses and permits in compliance with all federal, state, county or
Village regulations and [aws. Contractor acknowledges that it is the obligation of
Contractor to obtain all licenses and permits required for this Work for the
Project. The Contractor is, without limitation, specifically required to comply
with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. l25l-1387).
8.2.4 Sublgttins or Assienine of Contract$. Do not, sell, transfer, assign or otherwise
dispose of the Contract or Contracts or any portion thereof, or of the right, title, or
interest therein, without written consent of the Village and the Department. If the
Contractor chooses to sublet any portion of the Contract, the Contractor must
provide a written request to sublet work on the Certification of Sublet Work form
developed by the Department for this purpose. With the Engineer's acceptance of
the request, the Contractor may sublet a portion of the Work, but shall perform
with its own organization Work amounting to not less than an average of 40% of
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9.1
the combined Work Order Contract Price amounts. The Certification of Sublet
Work request will be deemed acceptable by the Village and Department, for
purposes of their consent, unless the Engineer notifies the Contractor within 5
business days of receipt of the Certification of Sublet Work that the Village and
Department are not consenting to the requested subletting.
Include in the Work Order Contract Price the cost of materials and manufactured
component products, and their transportation to the Project sites. For the purpose
of meeting this requirement, the Village and Department will not consider off-site
commercial production of materials and manufactured component products that
the Contractor purchases, or their transportation to the Project, as subcontracted
Work.
If the Contractor sublets a part of a Contract item, the Village and Department
will use only the sublet proportional cost in determining the percentage of
subcontracted normal work.
Execute all agreements to sublet work in writing and include all pertinent
provisions and requirements of the Contract. All other agreements must be in
writing and reference all applicable Contract provisions. Upon request, furnish the
Village and Department with a copy of the subcontract and agreement. The
subletting of work does not relieve the Contractor or the surety of their respective
liabilities under the Contract.
The Village and Department recognize a subcontractor only in the capacity of an
employee or agent of the Contractor and the Engineer or Resident Project
Representative may require the Contractor to remove the subcontractor as in the
case of an employee.
ARTICLE 9
DEFAU LT. TERM INATION. AND REM ED.IES
The happening of any one or more of the following shall be deemed an Event of Default
under this Contract, if the Contractor:
(a) fails to timely begin the Work;
(b) fails to perform the Work with sufficient workers and equipment or has
insufficient materials to ensure the prompt completion of the Work within the
Contract Time as specified in Article 2 of this Contract and the applicable
Notice to Proceed;
(c) performs the Work unsuitably or causes the Work to be rejected as defective
and unsuitable;
(d) discontinues the prosecution of the Work pursuant to the accepted schedule;
(e) fails to perform or comply with any material term set forth in the Contract
Documents;
(f) becomes insolvent, declared bankrupt, commits any act of bankruptcy or
insolvency, or makes an assignment for the benefit of creditors; or
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(g) by any act or omission, whatsoever, does not carry on the Work in an
acceptable manner.
9.2 In the Event of Default, the Village may, upon seven (7) days written notice:
(a) terminate the services of Contractor;
(b) exclude Contractor from the Project sites;
(c) provide for alternate prosecution of the Work;
(d) appropriate or use any or all materials and equipment on the Project sites as
may be suitable and acceptable; and
(e) finish the Work by whatever methods it may deem expedient.
In the event of an Event of Default, the Contractor shall not be entitled to receive any
further payment, from the time notice of termination is sent, 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 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, then the Contract shall automatically be deemed terminated by Village for
convenience as described below.
9.3 This Contract may be terminated by the Village for convenience, or for any reason, upon
seven (7) calendar days' written notice to the Contractor, in the sole discretion of the
Village, including, but not limited to, if the Village has determined that such cancellation
will be in the best interest of the Village for its own convenience or funding is not
available, appropriated, or budgeted.
In the event the Contract is terminated for convenience, then the Contractor shall incur no
further obligations in connection with the Project and shall, to the extent possible,
terminate any outstanding subcontractor obligations, and will be paid for Work
performed to the satisfaction of the Village as of the termination date. No consideration
will be given for anticipated lost revenue, overhead, mobilization or demobilization or the
canceled portions of the Contract. 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.
9.4 If an Event of Default, or any default of any other material term in this Contract, by the
Contractor, then the Contractor shall also be liable for all damages caused by its default
which damages may include, but not be limited to, any and all costs incuned by the
Village in completing the Project, Liquidated Damages as set forth in this Contract,
damages arising out of the Contractor's failure to adhere to the Contract requirements,
and all attomey's fees, expert's fees, paralegal fees and costs incurred by the Village in
seeking legal relief for the default.
9.5 The rights and remedies of the Village herein shall be cumulative and not mutually
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exclusive, and the Village may resort to any one or more or all of said remedies without
exclusion of any other. No party other than the Village, whether the Contractor, a
materialman, laborer, subcontractor, or supplier, shall have any interest in the funds
withheld because of a default herein, and none of them shall have any right to garnish or
require or compel that payment of any of those funds be applied toward the discharge or
satisfaction of any claim or lien/payment bond claim which any of them may have.
ARTICLE 10
ASSIGNMENT
10.1 Neither party shall assign the Contract, any portion of the Work, 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 written consent of the
Village.
ARTICLE II
CONTRACTOR REOUIREMENTS
I l.l Contrsctor to Check Drawinss. Snecifications. and Data: Contractor shall veriS all
dimensions, quantities, and details shown on the Drawings, Specifications or other data
received from the Village's Project Engineer, and shall notiff the Village's Project
Engineer in writing of all errors, omissions, and discrepancies found therein within three
(3) calendar days of discovery and Village's Project Engineer will promptly review the
same. Any Work done after such discovery, but prior to written authorization of the
Village's Project Engineer, will be done at the Contractor's sole risk.
11.2 Contractor's Rcsnonsibili{v for Dsmages and Accidents.
I 1.2.1 Contractor shall be responsible for promptly noti$ing the Village of any damage
to irrigation systems, buildings or other structures, vehicles, or property or
possessions, which occur as a result of the Work performed by Contractor
pursuant to this Contract, or the improper or negligent activities of the Contractor.
I1.2.2 Contractor shall accept full responsibility for, and insure, the Work against all
loss, or damage, of any nature sustained until final acceptance by Village, and
shall promptly repair any damage done from any cause.
11.2.3 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.
I 1.3 Defective Work/Guarantee.
11.3.1 The Village shall have the authority to monitor the Work and Contractor's
contracting terms with subcontractors, but such right shall not give right to a duty
or obligation to such monitoring.
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The Village shall have the authority to reject or disprove of Work, which the Village
finds to be defective. If required by the Village, Contractor shall promptly either
correct all defective Work or remove such defective Work and replace it with non-
defective Work. Contractor shall bear all direct, indirect, and consequential costs of
such removal or comections including cost of testing laboratories and personnel.
11.3.2 Should Contractor fail or refuse to remove or correct 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 Village's Resident Project
Representative or Engineer, the Village shall have the authority to cause the
defective Work to be removed or corrected, or make such repairs as may be
necessary at Contractor's expense. Any expense incurred by the Village in making
such removals, corrections or repairs, shall be paid for out of any monies due or which
may become due to Contractor. In the event of failure of Contractor to make all
necessary repairs promptly and fully, the Village may declare Contractor in default.
11.3.3 Contractor shall unconditionally guarantee all labor, materials and equipment
furnished and Work performed for a period of one ( I ) year from the date
of Substantial Completion, or longer, if provided by manufacturer warranty or otherwise
required by the Contract Documents. If, within one ( 1) year after the date of Substantial
Completion, any of the Work is found to be defective or not in accordance with the
Contract Documents, Contractor, after receipt of written notice from Village,
shall promptly conect such defective or nonconforming Work within the time specified by
Village without cost to Village. Nothing contained herein shall be construed to establish a
period of limitation with respect to any other obligation which Contractor might
have under the Contract Documents including but not limited to any claim regarding latent
defects. No costs associated with enforcement of this guarantee shall be borne by FDOT.
1 1.3.4 Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered.
ll.4 Leqal Restrictions and Traffic Provisions, 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 pursuant to
all necessary permits from applicable jurisdictions. Contractor shall not interfere with, or
close, any thoroughfare, without the written consent of the Village or governing
jurisdiction.
I 1.5 Examination and Retention of Contractor's Records.
ll.5.l Contractor shall comply with the applicable provisions of Chapter l19, Florida
Statutes (Public Records Law). Contractor shall retain all records associated with
this Contract for a period of five (5) years from the date of Final Completion for
all Work performed pursuant to this Contract. The Village or any of their duly
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authorized representatives shall, until five (5) years after date of Final Completion
under this Contract, have access to and the right to examine any of the
Contractor's books, ledgers, documents, papers, or other recofds involving
transactions related to this Contract for the purpose of making audits,
examinations, excerpts, and transcriptions.
I 1.5.2 Contractor agrees to include in first-tier subcontracts under this Contract a clause
substantially the same as subparagraph 11.5.1 above. "Subcontract," as used in
this clause, excludes purchase orders not exceeding $10,000.
11.5.3 The right to access and examination of records in subparagraph 11.5.1 shall
continue untiI disposition of any mediation, claims, litigation or appeals.
I 1.6 No Damases for Dclgv. 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 from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable. Contractor shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay. Notwithstanding the above, and in accordance with the requirements of
the Contract Documents, the Contractor shall 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 caused by the Village, for a
continuous period or cumulative period of forty-five (45) days, the Contractor may
terminate the Contract upon twenty (20) days written notice to the Village.
1l.l Clean Con4itions. Safe Sites.,Contractor shall, at all times, at its expense, keep the
Project sites in a neat, clean and safe condition. Upon completion of any portion of the
Work, Contractor shall satisfactorily dispose of all rubbish, unused materials and other
equipment and materials belonging to it or used in the performance of that Work and
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 the
Work. Upon completion of the Work, 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. In the event of Contractor's failure to comply with the
foregoing, the same may be accomplished by the Village at Contractor's expense.
ll.8 Taxes and Fees. Contractor shall pay all taxes, levies, duties and assessments of every
nature which may be applicable to the Work under this Contract. The pricing 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 the Village harmless from any liability on
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account ofany and all such taxes, levies, duties and assessments.
I 1.9 Public Entitv Crimcs Aflidflvil Contractor shall comply with Section 287.133, Florida
Statutes, (Public Entity Crimes Statute) notification of which is hereby incorporated
herein by reference, including execution ofany required affidavit.
I l.l0 lndcoendent Contractor. The Contractor is an independent contractor pursuant to this
Contract. This Contract does not create any partnership or joint venture between the
Village and Contractor. Work performed or provided by the Contractor shall be by
employees of the Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the Village. Personnel policies, tax responsibilities,
social security and health insurance, employee benefits, purchasing policies and other
similar administrative procedures, applicable to Work rendered under the Contract shall
be those of the Contractor.
ll.ll NotUsed
I 1.12 Scrutlnized Comoanier,
I l.l2.l Contractor certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the
Village may immediately terminate this Contract at its sole option if the
Contractor or its subcontractors are found to have submitted a false
certification; or if the Contractor, or its subcontractors are placed on the
Scrutinized Companies that Boycott Israel List or is engaged in the
boycott oflsrael during the term ofthe Contract.
n.t2.2 If this Contract is for more than one million dollars, the Contractor
certifies that it and its subcontractors are also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria as identified in Section 287.135, F.S.
Pursuant to Section 287.135, F.S., the Village may immediately terminate
this Contract at its sole option if the Contractor, its affiliates, or its
subcontractors are found to have submitted a false certification; or if the
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Contractor, its affiliates, or its subcontractors are placed on the Scrutinized
Companies with Activities in Sudan List, or Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or engaged with
business operations in Cuba or Syria during the term of the Contract.
I1.t2.3 The Contractor agrees to observe the above requirements for applicable
subcontracts entered into for the performance of Work under this Contract.
ll.l2.4 As provided in Subsection 287.135(8), F.S., if federal law ceases to
authorize the above-stated contracting prohibitions then they shall become
inoperative.
ARTICLE 12
MISCELLANE,OUS
12.1 Governing Law. This Contract shall be construed in accordance with and governed by
the laws ofthe State of Florida. Venue for any litigation arising out of this Contract shall
be proper and exclusively in Miami-Dade County, Florida.
12.2 Public Records Law.
12.2.1 Contractor agrees to keep and maintain public records in Contractor's
possession or control in connection with Contractor's performance under this
Contract for a period no less than five (5) years after the date of Final
Completion of the Project. Contractor additionally agrees to comply
specifically with the provisions of Section I 19.0701, 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.
12.2.2 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.
12.2.3 Unless otherwise provided by law, any and all records, including but not
limited to reports, suryeys, and other data and doeuments provided or created
in connection with this Contract are and shall remain the property of the
Village.
12.2.4 Upon completion of this Contract or in the event of termination by either
party, any and all public records relating to the Contractor in the possession of
the Contractor shall be delivered by the Contractor to the Village Manager, at
no cost to the Village, within seven (7) days. All such records stored
electronically by Contractor shall be delivered to the Village in a format that
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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.
12.2.5 Any compensation due to Contractor shall be withheld until all records are
received as provided herein.
12.2.6 Contractor agrees and agrees to insert into all subcontracts entered into in
connection with this Project that: No member, officer or employee of the
Village or of the locality during their tenure or for 2 years thereafter shall have
any interest, direct or indirect, in this Contract or the proceeds thereof.
12.2.7 As per Florida Statute, Section 20.055(5) it is the duty of every state officer,
employee, agency, special district, board, commission, contractor, and
subcontractor to cooperate with the inspector general in any investigation,
audit, inspection, review, or hearing pursuant to this section. Contractor
understands and will comply with this Section.
12.2.8 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.
Section 119.0701(2)(a). F lorida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS.
Custodian of Records: Peter J. Kulpa,Interim
Village Clerk
Mailing Address:88 West Mclntyre Street
Suite 220
Key Biscayne, FL 33149
Telephone Number:
Email:
(305)234-4262
pkulDa@keybiscnYnc,fl .sov
Notices..
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
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prepaid return receipt requested, or by a private postal service, addressed to the parties (or their
successors) at the following addresses:
For the Village: Village of Key Biscayne
Village Manager
88 West Mclntyre Street, Suite 210
Key Biscayne, Florida 33149
With a copy to:Village Attorney, Village of Key Biscayne
Weiss Serota Helfman Cole & Bierman, P.L.
2525 Ponce de Leon Blvd. Suite 700
Coral Gables, Florida 33134
For the Contractor:
12.3 Prevailing Prrtvl Attornevs' 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 enforcement of any indemnity provisions), the prevailing parly shall be
entitled to recover any and all reasonable costs, expenses and attorneys' fees, experts'
fees, and paralegals' fees including, but not limited to, court costs and other expenses
through all appellate levels.
12.4 f,ntire Aqrecntent, All Prior Aerecments Suncrseded, This Contract incorporates and
includes all prior correspondence, conversations, agreements, or understandings
applicable to the matters contained herein and the parties agree that there are no
commitments, 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.
12.5
t2.6
Amendment. The Conhact may only be amended in writing executed by both Parties.
Villase Authorization Resolution, The Village Resolution authorizing the award of this
Contract and the Village solicitation which Contractor submitted bid pursuant to
(collectively,..@'')areincorporatedbyreference.Totheextentof
any conflict between the Village Resolution and the Contract Documents when
interpreting the intent of this Contract, whichever provision is strictest will control. To
the extent of any conflict between the Village Resolution and the Village Authorization,
the Village Resolution will control.
12.7 Counterorrts, This Contract may be executed in counterparts and any counterpart
evidencing signature by one party may be delivered by electronic mail. Each executed
counterpart of this Contract will constitute an original document and all executed
counterparts, together, will constitute the same agreement.
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12.8 Scvernbilitv. If any term or provision of this Contract or the Contract Documents shall
be held or deemed invalid or unenforceable by the courts or otherwise, illegal or in
conflict with any law of the State, the validity of the remaining terms or provisions of this
Contract or the Contract Documents shall not be affected thereby, and shall continue in
full force and effect, and be enforced to the fullest extent permitted by law.
12.9 Mcaninss and Dcfinltions. Capitalized words shall have the meaning as assigned herein
or as defined in the General Conditions, attached hereto as Exhibit C.
12.10 w VTLLAGE AND CONTRACTOR KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE A}.IY RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL
COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING,
LAWSUIT OR COIJNTERCLAIM BASED UPON THIS CONTRACT, ARISING OUT
OF, UNDER, OR IN CONNECTION WITH THE WORK, OR ANY COURSE OF
CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS
OF ANY PARTY.
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IN WITNESS WHEREOF, 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, and FLORIDA ENGINEERING AND
DEVELOPMENT CORP. (Contractor) signing by and through
, duly authorized to execute same.
ATTEST VILLAGE OF KEY BISCAYNE, FLORIDA,
A Florida municipal corporation
By:By
Peter J. Kulpa, Interim Village Clerk
Date Executed:
Andrea Agha, Village Manager
APPROVED AS TO FORM AND ResolutionNo.:
LEGAL SUFFICIENCY FOR THE
SOLE USE OF THE VILLAGE OF KEY BISCAYNE:
By
WEISS SEROTA HELFMAN
COLE & BIERMAN, P.L
Village Attorney
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION FORMAT, AS APPLICABLE.
ATTEST:CONTRACTOR:
By By
(Secretary)
(Corporate Seal)
(Signature and Title)
(Type NameiTitle signed above)
This _ day of 2020.
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