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HomeMy Public PortalAbout2020-51 Selecting R and D Electric, Inc, Tapia Luis M Service, Corp and Universal Electric of Florida, Inc for electrical servicRESOLUTION NO. 2O2O-57 A RESOLUTION OF THE VILLAGE COT]NCIL OF THE VILLAGE OF KEY BISCAYNE, FLORTDA, SELECTING R & D ELECTRICO INC'' TAPIA LUIS M SERVICE, CORP., AND UNIVERSAL ELECTRIC OF FLORIDA, INC. FOR MISCELLANEOUS, AS.NEEDED ELECTRICAL SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS' the Village of Key Biscayne (the "Village") issued Invitation to Bid No. 2020- 51 (the "ITB") for professional services relating to miscellaneous, as-needed electrical maintenance seryices (the "Services"); and WHEREAS' four sealed bids were received by the ITB deadline and the Village ranked R & D Electric, Inc., Tapia Luis M Service, Cotp., and Universal Electric of Florida Inc. (collectively, the "Contractors") as the most responsive and responsible bidders for the Services; and WHEREAS, the Village Council desires to approve the Contractors for the Services and authorize the Village Manager to execute agreements with the Contractors for the Services in substantially the forms attached hereto as composite Exhibit "A" (the "Agreements"); 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, 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 Contractors for the Services Page I of2 Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to execute an agreement with each Contractor, in substantially the forms attached hereto as composite Exhibit "A," subject to the final approval of the Vitlage Attorney as to form, content, and legal sufficiency. Notwithstanding the selection of and approval of agreements with each Contractors, Tapia Luis M Service, Corp. shall be utilized for the Services only where the other Contractors are unavailable to perform the Services. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 25th day of August, 2020 MICHAEL W. DAVEY ATTEST: YN KOCH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY 4 V-d1b Page 2 of 2 ELECTRICAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF'KEY BISCAYNE AND R&DELECTRIC,INC. THIS AGREEMENT (this "Agreement") is made effective as of the day of_ 2020 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE, FLORTDA, a Florida municipal corporation, (the ..village,,), and R & D ELECTRIC, INC., a Florida Corporation (the .,Contractor',). WHEREAS, the Village desires certain general electrical installation, repair, and maintenance services; and WHEREAS, the Village issued Invitation to Bid No. 2020-51 (the "ITB") for professional services relating to miscellaneous, as-needed electrical maintenance services (the "Services,,, as further defined herein); and WHEREAS, in response to the ITB, the Contractor submitted a proposal ("Proposal"), which is incorporated herein by reference, for the Services and was thereafter selected by tlre Village Council; and WHEREAS, the Contractor will perform Services on behalf of the Village, all as further set forth in the General Requirements of the ITB, which are attached hereto as Exhibit ,,A,' (the "Services"); and WHEREAS, the Contractor and Village, through mutual negotiation, have agreed upon a rate schedule as set forth in Exhibit "B" (the o'Rate Schedule") in connection with the Services; and WHEREAS, the Village desires to engage the Contractor to furnish all materials, supplies, equipment, labor, and supervision required to perform the Services as specified below. NOW, THEREFORE, in consideration ofthe mutual covenants and conditions contained herein, the Contractor and the Village agree as follows: 1. Scope gfServices 1.1. The Contractor shall furnish the Services in accordance with the General Requirements attached hereto as Exhibit "A" and provide deliverables for various project aspects for the Village (each a "Project"), as requested by the Village and detailed in a "statement of Work" as shown in Exhibit "C" attached hereto which the Village will provide the contractor when engaging the contractor to work on a specific project. 1.2. Prior to commencement of work on a specific Project, the Contractor will provide the Village with a fixed lump sum or maximum (i.e., not to exceed) cost for the Services set forth in the Statement of Work calculated using the rates set forth on the Rate Schedule attached hereto. Contract No. 2020-51RD Page 1 of11 1.3. If the Village approves the fixed lump sum cost for the Project, the Village will provide the Contractor with a Notice to Proceed to perform the Services set forth in the Statement of Work. Contractor acknowledges that it shall not undertake to perform any Services on any Project until it has received from the Village the Notice to Proceed on such Project. 1.4. Contractor shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 1.5. The Contractor shall abide by the terms and requirements of the ITB, as though fully set forth herein. 2. Term/Commencement Date. 2.1. The term of this Agreement shall begin on the Effective Date and shall continue for three years thereafter, unless earlier terminated in accordance with Section 8. Additionally, the Village Manager may renew this Agreement for up to two additional one-year periods on the same terms as set forth herein upon written notice to the Contractor. 2.2. Contractor agrees that time is of the essence and Contractor shall complete the Services within the timeframes set forth in the Statement of Work and the Notice to Proceed for each Project in the manner provided in this Agreement, unless extended by the Village Manager. 3. Compensation and Pavment. 3.1. Compensation for Services provided by Contractor shall be in accordance with the approved cost set forth in the Statement of Work/Work Order or the Notice to Proceed for such Project, which shall be based on the Rate Schedule attached hereto as Exhibit B. 3.2. During each Project, Contractor shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Contractor under the Statement of Work for such Project. Fees shall be paid in arrears each month, pursuant to Contractor's invoice, which shall be based upon the percentage of work completed for each Project. The Village shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Contractor; 3.3.2. Purchase/Work Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; Contract No. 2020-51RD Page 2 of 11 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Work; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection ofthe invoice. All invoices must be submitted electronically to payab les@keyb iscavne. fl . qov. 4. Subcontractors. 4.1. The Contractor shall be responsible for all payments to any subcontractors and shall maintain responsibility for all work related to the Services and/or any Project. 4.2. Contractor may only utilize the services of a particular subcontractor with the prior written approval of the Village Manager, which approval shall be granted or withheld in the Village Manager's sole and absolute discretion. 5. Villaeeos Responsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Contractor to assist Contractor in performing th. Services. 6. 5.2. Upon Contractor's request, Village shall reasonably cooperate in arranging access to public information that may be required for Contractor to perform the Servlcei. Contractor's Responsibilities: Representations and Warranties. 6.1. The Contractor shall exercise the same degree of care, skill and diligence in the performance of the Services for each Project as is ordinarily provided by a contractor under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Contractor's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Contractor shall at Contractor's sole expense, immediately correct its Deliverables or Services. 6.2. The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor ofthe Village. Contractor further warrants and represents that it has the required knowledge, expertise, and experience to perform the Contract No. 2020-51RD Page 3 of 11 Services and carry out its obligations under this Agreement in a professional and first class manner 6.3. The Contractor represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Contractor have been duly authorized, and this Agreement is binding on Contractor and enforceable against Contractor in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest 7.1. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Contractor, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Contractor shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Contractor shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Contractor has first complied with the provisions of Section 8.4. 8.4. The Contractor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Contractor shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. 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 forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coveragq with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Properfy Contract No. 2020-51RD Page 4 of 11 Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liabilify Aggregate limit shall be in the amount of S2,000,000 each. 9.1.2. 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 Liabilitywith minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occuffence, 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 Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The 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 Agreement, including 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 Agreement and shall state that such insurance is as required by this Agreement. 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 Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Contractoi in performance of this Agreement. 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 Contract No. 2020-51RD Page 5 of 11 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. 9.4. 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. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate against any of its employees or applicants for employment because of their racq, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jurv Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses ofany paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. II.2. IN THE EVE,NT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLTINTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Contractor shall indemniff 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, arising from Contractor's performance or non- performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Contractor and third parties made pursuant to this Agreement. Contractor shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense ofany such claim or investigation and for any judgment or damages arising from Contractor's performance or non-perforrnance of this Agreement. 12.2, Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal Contract No. 2020-51RD Page 6 of 1L service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Contractor 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 Agreement ("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 Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Agreement. 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 Agreement, and following completion of the.Agreement untilthe records are transferred to the Village. 16.3. Upon request from the Village's custodian of public recordso 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 119, Florida Statutes, or as otherwise provided by law. Contract No. 2020-51RD Page 7 of11 16.4. 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 Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement 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 is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall'destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 16.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8.Notice Pursuant to Section 1 9.0701(2)(a). f,'lorida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTESO TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEEMENTO CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: Jocelyn B. Koch 88 West Mclntyre Street Key Biscayne, FL 33149 305-36s-s506 j koch@keybiscayne.fl . gov 17. Nonassignability. This Agreement shall not be assignable by Contractor unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Contractor, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severabilitv. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Contract No. 2020-51RD Page 8 of l1 19. Independent Contractor. The Contractor'and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind ofjoint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from alljurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future yiolation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entitv Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the conflict shall be resolved in the following order of priorities: 26.1. Change Orders with later date taking precedence; 26.2. Sections 1 through 26 of this Agreement; 26.3. Exhibit A - Scope of Work; and 26.4. Work Orders, with later date taking precedence Should a conflict arise between the terms in Sections I through 26 of this Agreement or any of the exhibits, the more stringent criteria for performance of the Services shall apply. Contract No. 2020-5 1 Rl)Page 9 ofll [Remainder of page intentionally left blank. Signature pages follow.] Contract No. 2020-51RD Page 10 ofll IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By: By Andrea Agha Village Manager Attest: By: Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency By Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: 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. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) Entity: R & D ELECTRIC, INC. Addresses for Notice: R&DELECTRIC,INC Rafael Echani 7447 NW 48 Street Miami, FL 33166 With a copy to: R&DELECTRIC,INC. Daniel Echarri 7447 NW 48 Street Miami, FL 33166 Name: Title: facsimile) email) le) email) Contract No. 2020-5lRD Page 11 of11 EXHIBIT *A' SCOPE OF SERVICES The Contractor can expect to provide services including, but not limited to, the following: 1.1 SUMMARY OF WORK The Work, covered by the Specifications, Plans and other Contract Documents, includes the furnishing and installing of all materials, equipment, tools, labor and supervision necessary for the completion of work order-based projects in accordance with the Contract Documents. More specifically: Fumishing and installing all materials, equipment, tools, and superintendence necessary for the complete electrical maintenance services work and electrical repair work on an as-needed basis as requested by the Village and as indicated in the Contract Documents. 1.2 CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Village and the Contractor conceming the Work, consist of the Agreement (including any change orders and amendments thereto), the Plans and Specifications for projects issued hereunder, any Bidding Documents or procurement documents, the Contractor's Bid (including the Schedule of Bid Items-Pricing), Insurance Ceftificates, the Notice of Award, and any Work Orders and Notice to Proceeds issued hereunder, all of which are deemed incorporated into and made a part of this Agreement by this reference. 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. 1.3 SPECIAL COORI)INA WORK RY OTHERS The Village, while not directing the methods or means by which the Contractor performs the Work, does require the Contractor coordinate his/her work with the work of other independent contractors who may be present on a project. 1.4 SPECIAL COORDINATION WORK BY FRANCHISED AND OTHER PRTVATE FACILITY Contractor shall contact the following classes of franchised utilities and private facility companies and those specifically identified on the Plans, 48 hours prior to beginning the Work. 1. TelephoneCompany(s) 2. Electric Power 3. Cable Television 4. Gas Company 5. Pipeline In addition, Contractor shall call for line locate through "Call Before You Dig", "Sunshine" or U.N.C.L.E. (Utility Notification Center Liaison Excavators) or other similar organizations prior to initiating any Work. Contractor shall assist in whatever means necessary with the franchised utilities to locate vertically and horizontally existing facilities. This may include, but is not limited to the following: . probing r Excavating Page A-1 EXHIBIT "A' SCOPE OF SERVICES . Sounding If there are franchised utilities located within a project that will have to be relocated, Contractor shall coordinate all relocations with utility owners. This shall include scheduling the Work in such a manner so as to allow for the production schedules of the franchised utility owners. Contractor shall coordinate the installation of all required services such that completion of the project is accomplished within the timeframe provided for in the Work Order. In particular, this shall apply to the installation of water and/or electrical meters. 1.5 MEASUREMENT AND PAYMENT Measurement and Payment applies to the Schedule of Values. The quantities listed are established for the purpose of evaluating Bids and establishing unit prices for each individual Work ltem for electrical maintenance services and repair work to be contracted by the Village under individual Work Orders, based on the unit prices established under the Bid. All other costs shall be considered incidental to the unit prices established in the BID and or the Contract/Purchase Orders as a whole. A. FIELD ENGINEEzuNG There will be no separate payment made for Field Engineering specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Field Engineering. B. TRENCH SAFETY PROGRAM There will be no separate payment made for Trench Safety Program specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to the Trench Safety Program. C. MATEzuALS TESTTNG There will be no separate payment made for Materials Testing specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Materials Testing. D. TEMPORARY FACILITIES There will be no separate payment made for Temporary Facilities specified within this Section. All costs ate incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Temporary Facilities. E. TRAFFIC CONTROLA4AINTENANCE OF TRAFFIC There will be no separate payment made for Traffic Control/MOT specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Traffic Control/]vlOT. F. MOBILIZATION There will be no separate payment made for Mobilization. All costs are incidental and are to be included within the appropriate pay items deemed by the Contractor to be applicable to Mobilization. 1.6 PROCESSING OF APPLICATION FOR PAYMENT Page A-2 EXHIBIT *A" SCOPE OF SERVICES Cut-off date is the close of the Work day of the 20th day of each month. CONTRACTOR shall submit by the 25th day of each month CONTRACTOR's completed Application for Payment. Should the 25th fall on a weekend or holiday, CONTRACTOR shall submit his application on the next workday. CONTRACTOR is advised that processing of draws must follow this schedule, as the VILLAGE has funding requirements which may prevent payment of late Application for Payment for that month's billing cycle. Late Application for Payment with a Recommendation for Payment by the CONSULTANT and approved by the CONSULTANT will be paid in the next month's billing cycle. 1.7 SHOPDRAWINGS NUMBER OF COPIES REQUIRED: For shop drawings and dala which requires review, the minimum number of copies required is (5). DISPOSITION OF SUBMITTAL DATA: Data that is reviewed and requires no correction will be marked "No Exceptions Taken" or "Approved" and distributed for construction and / or manufacture. Data that is reviewed and has only minor corrections will be stamped "Approved as Noted" and distributed for construction and / or manufacture. Data requiring more numerous changes or corrections will be marked "Revise and Resubmit". When revised, the data will be stamped and distributed for construction. Data that contains substantial effors or omissions or which is not clearly legible will be marked "Revise and Resubmit" and will be retumed for re submittal of corrected material. Data that does not conform to the Plans or meet the Specifications or fully equals the established standard will be marked "REJECTED". REVIEW PEzuOD The Consultant shall review submittals and respond to them within 10 working days of their receipt. 1.8 TRENCH SAFETY DESIGN PART I - GENERAL 1.OI SECTION TJDES All geotechnical, structural or other design considerations necessary for trench safety design. 1.02 REFERENCES Department of Labor criteria and OSHA Safety and Health Standards (29 CFR 1926ll0l0), and the State of Florida trench safety criteria. 1.03 SYSTEM D SCRIPTION Page A-3 EXHIBIT "A'' SCOPE OF'SERVICES Design Requirements. Designer shall have sufficient professional engineering competence to designate necessary geotechnical investigation, interpret geotechnical information, and formulate structural design. Performance Requirements. Provide for safety of all personnel and the public present in or adjacent to any trench constructed under the scope of this contract. I.O4 OUALITY INSURANCE Qualification. Designer to have completed a minimum of 20 trench safety designs in the last two (2) years and have had no trench safety design failures. Regulatory Requirement. Conform to any local, State, and Federal laws, rules, regulations, and ordinances covering design and trench safety designs. PART 2 - PRODUCTS Not included in this section. PART 3 - EXECUTION 3.OI FIELD OUALITY CONTROL Inspect the Work with sufficient regularity to assure compliance with trench safety design. 1.9 TRENCH SAFETY PROGRAM PART 1. GENERAL I.O1 SECTION INCLUDES Furnishing, installing, operating, maintaining, adjusting, and removing all materials, labor, tools, equipment and superintendence necessary for trench safety program. I.O2 RELATED SECTIONS A. Section 01392 - Trench Safety Design 1.03 PERFORMANCE Comply with trench safety design. PART 2 - PRODUCTS Not included in this section. PART 3 - EXECUTION 3.OI INSTALLATION Install, operate, maintain, adjust, and remove trench safety equipment, and precautions in accordance with trench safety design. 3.02 FIELD QUALITY CONTROL Inspect the Work with sufficient regularity to assure compliance with trench safety design. 1.10 STANDARD SPECIFICATIONS AND DETAILS TECHNICAL SPECIFICATIONS The Technical Specifications which govern the materials to be furnished and the Work to be performed under this contract shall be the Village of Key Biscayne Standard Specifications and the latest edition of the Florida Building Code, the National Electrical Code, and/or the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Page A-4 EXHIBIT..A" SCOPE OF SERVICES The Technical Specifications refened to above are supplemented by other applicable local, state or national published standard specifications (i.e.: DOT Standard Indexes), all of which shall be treated as though incorporated herein. CONSTRUCTION DRAWINGS OR PLANS Construction Drawings or Plans may be provided for individual work items as necessary. The Construction Drawings or Plans referred to above are supplemented by Village Standard Details and the latest edition of the Florida Building Code, the National Electrical Code, and/or Florida Department of Transportation Standard Specifications for Road and Bridge Construction. In addition, when referred to, the Construction Drawings or Plans are supplemented by other applicable local, state or national published standard specifications (i.e.: DOT Standard Indexes), all of which shall be treated as though incorporated herein. Page A-5 EXHIBIT *B'' RATE SCHEDULE The Rate Schedule for Services performed pursuant to this Agreement is as follows IRATE SCHEDULE FOLLOWSI Page B-1 Rate Schedule (BT-34RU) Keterences to "Kegutar Hours" and "uvenrme Kate" rn tne Ero Form and executed contract are defined as follows: .All scheduled work Monday through Friday will be performed under the Regular Hours rate regardless of time of scheduled work. .All seheduled work Saturday through Sunday will be performed under the Overtime Rate. .All emergency work Monday through Friday, from 8:30 AM to 5:00 PM will be performed under the Regular Hours rate. .All emergency work Saturday through Sunday will be performed under the Overtime Rate. .All emergency work Monday through Friday, outside of 8:30 AM to 5:00 PM will be performed under the Overtime Rate. NOTES: 1.ALL WORK SHALL COMPLY WITH VILLAGEVILLAGE OF KEY BISCAYNE STANDARDS AND THE LATEST EDITION OF THE FLORIDA BUILDING CODE, NATIONAL ELECTRIC CODE, AND/OR FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS. 2.REPAIRS, REPLACEMENTS AND/OR MAINTENANCE FOR NON.EMERGENCY WORK MUST BE pRovtDED wtTHlN THREE (3)CALENDAR DAYS OF NOTTFTCATTON BY THE VILLAGE. FOR EMERGENCY WORK, AS DEFINED BY THE VILLAGE AT ITS SOLE DISCRETION, ALL ON-SITE SERV|CES SHALL BE PROV|DED WTTH|N TWO (2) HOURS AFTER NOTTFTCATION BY THE VILLAGE, 7.DAYS, 24.HOURS A DAY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAKE SURE ALL REQUIRED EQUIPMENT IS IN WORKING CONDITION AND AVAILABLE AS MAY BE REQUIRED. IF ANY PIECE OF EQUIPMENT IS OUT OF SERVICE, CONTRACTOR NEEDS TO PROVIDE THE NECESSARY REPLACEMENT EQUIPMENT WITHIN 24HRS AT NO ADDITIONAL COST TO THE VII I AGF lnstructions - When pasting content, please use Paste Special as Text without any formatting. - Please do not change the structure of any of the worksheets. Changing the structure will invalidate your submission. - Any additional information outside of the given structure of the worksheets will not be visible to the purchaser. - Please do not save this file in a different format. Saving this file in a different format will invalidate your submission. - Please follow the instructions provided along with this file to submit it back to Bonfire. - You must bid on every item. To do so, all of the editable cells for the item must contain a valid value. - Please do not use Excel formulas in your responses. - lf you have any questions regarding the content of this file, please contact the appropriate purchaser. - lf you have any technical problems, please contact Bonfire at Support@GoBonfire.com. Responses Regular Hours Rates Sscocrt: All nts p|orr6ed $u@.rt: Anvlhs prevldcd prcvldad pdrded Overtime Hours Rates pmv6sd prcvlded 8uc@3: Allnlula provud provldad 913035 *1-1 913036 #1-2 913037 *1-3 913038 #1-4 913039 #2-1 LICENSED ELECTRICIAN ELECTRICIAN'S HELPER BUCKET TRUCK One person indoor lift to a maximum of 45 feet LICENSED ELECTRICIAN ELECTRICIAN'S HELPER BUCKET TRUCK , One person indoor lift to a maximum of 45 feet Overtime Rate gtaoqo : #2-2 913041 #2-3 913042 #2-4 Hourly Hourly Hourly Hou.ly Hourly Hourly Hourly Hourly $ 45.00 $ 35.00 $ 45-00 $ 150.00 $ 69.00 $ 50.00 $ 65-00 $ 175.00 $4500 $ 35.00 s4500 s t50.00 $ 65.00 $ 50.00 $ 65.00 s 175.00 EXHIBIT "C'' SAMPLE STATEMENT OF WORI(WORK ORDER ISAMPLE WORK ORDER FOLLOWSI Page C-l VIILLAC];E C)F' iKEY JP,].SCA YI\;E WORK ORDER Contractor's Name:Date Prepared By:Contract #: Title Proposed Completion Date: Statement of Work: be Work to be in as much detail as Price Proposal: (Calculate using the Rate Schedule included in Contract) Item No.Description Unit Price Quantitv Extended Price Fee basis: ! f ixed Lump Sum fl Not to Exceed All Work must be performed in accordance with the Contractterms and conditions. For Contractor For Village Work Order # Name of Authorized Representative Name of Authorized Representative ELECTRICAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND TAPIA LUIS M SERVICE, CORP. THIS AGREEMENT (this "Agreement") is made effective as of the _ day of _ffi i:i'.f :T,;'ffi ffi i,T:,];lJJ:t*":,{,:ilJ5,:*",19"^iltrJ SERVICE, CORP., a Florida Corporation (the "Contractor"). WHEREAS, the Village desires certain general electrical installation, repair, and maintenance services; and WHEREAS, the Village issued Invitation to Bid No. 2020-51 (the "ITB") for professional services relating to miscellaneous, as-needed electrical maintenance services (the "Services," as further defined herein); and WHEREAS, in response to the ITB, the Contractor submitted a proposal ("Proposal"), which is incorporated herein by reference, for the Services and was thereafter selected by the Village Council; and WHEREAS, the Contractor will perform Services on bEhalf of the Village, all as further set forth in the General Requirements of the ITB, which are attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Contractor and Village, through mutual negotiation, have agreed upon a rate schedule as set forth in Exhibit "8" (the "Rate Schedule") in connection with the Services; and WHEREAS, the Village desires to engage the Contractor to furnish all materials, supplies, equipment, labor, and supervision required to perform the Services as specified below. NOW' THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the Village agree as follows: 1. Scope ofServices. 1.1. The Contractor shall furnish the Services in accordance with the General Requirements attached hereto as Exhibit "A" and provide deliverables for various project aspects for the Village (each a "Project"), as requested by the Village and detailed in a "statement of Work" as shown in Exhibit "C" attached hereto which the Village will provide the Contractor when engaging the Contractor to work on a specific Project. 1.2. Prior to commencement of work on a specific Project, the Contractor will provide the Village with a fixed lump sum or maximum (i.e., not to exceed) cost for the Services set forth in the Statement of Work calculated using the rates set forth on the Rate Schedule attached hereto. Contract No. 2020-51TL Page I of11 1.3. If the Village approves the fixed lump sum cost for the Project, the Village will provide the Contractor with a Notice to Proceed to perform the Services set forth in the Statement of Work. Contractor acknowledges that it shall not undertake to perform any Services on any Project until it has received from the Village the Notice to Proceed on such Project. 1.4. Contractor shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 1.5. The Contractor shall abide by the terms and requirements of the ITB, as though fully set forth herein. 2. Term/Commencement Date. 2.1. The term of this Agreement shall begin on the Effective Date and shall continue for three years thereafter, unless earlier terminated in accordance with Section 8. Additionally, the Village Manager may renew this Agreement for up to two additional one-year periods on the same terms as set forth herein upon written notice to the Contractor. 2.2.Contractor agrees that time is of the essence and Contractor shall complete the Services within the timeframes set forth in the Statement of Work and the Notice to Proceed for each Project in the manner provided in this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 3.1. Compensation for Services provided by Contractor shall be in accordance with the approved cost set forth in the Statement of Work/Work Order or the Notice to Proceed for such Project, which shallbe based on the Rate Schedule attached hereto as Exhibit B. 3.2. During each Project, Contractor shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Contractor under the Statement of Work for such Project. Fees shall be paid in arrears each month, pursuant to Contractor's invoice, which shall be based upon the percentage of work completed for each Project. The Village shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Contractor; 3.3.2. Purchase/Work Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; Contract No. 2020-5lTL Page 2 of11 3.3.5. Invoice number (lnvoice numbers cannot be repeated. Repeated invoice numbers will be rejected); 3.3.6. Name and type of Work; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection ofthe invoice. All invoices must be submitted electronically to payables@keybiscayne.fl . gov. 4. Subcontractors. 4.1. The Contractor shall be responsible for all payments to any subcontractors and shall maintain responsibility for all work related to the Services and/or any Project. 4.2. Contractor may only utilize the services of a particular subcontractor with the prior written approval of the Village Manager, which approval shall be granted or withheld in the Village Manager's sole and absolute discretion. 5. Villase'sResponsibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Contractor to assist Contractor in performing the Services. 5.2. Upon Contractor's request, Village shall reasonably cooperate in ananging access to public information that may be required for Contractor to perform the Services. 6. Contractor's Responsibilities: Representations and Warranties. 6.1. The Contractor shall exercise the same degree of care, skill and diligence in the performance of the Services for each Project as is ordinarily provided by a contractor under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Contractor's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Contractor shall at Contractor's sole expense, immediately correct its Deliverables or Services. 6.2. The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor ofthe Village. Contractor further warrants and represents that it has the required knowledge, expertise, and experience to perform the Contract No.2020-5lTL Page 3 of11 Services and carry out its obligations under this Agreement in a professional and first class manner 6.3. The Contractor represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Contractor have been duly authorized, and this Agreement is binding on Contractor and enforceable against Contractor in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the term of this Agreement, provide any consulting services.to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Contractor, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Contractor shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Contractor shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Contractor has first complied with the provisions of Section 8.4. 8.4. The Contractor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Contractor shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. 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 forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Contract No. 2020-5lTL Page 4 of 11 Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. 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 Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occunence, 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 Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no laterthan ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirfy-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. 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 Agreement, including 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 Agreement and shall state that such insurance is as required by this Agreement. 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 Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional lnsured for the liability of the Village resulting from Services performed by or on behalf of the Contractor in performance of this Agreement. 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 Contract No. 2020-5lTL Page 5 of 11 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. 9.4. 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. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses ofany paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. II.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABI-Y, VOLL|NTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Contractor shall indemnify and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Contractor's performance or non- performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Contractor and third parties made pursuant to this Agreement. Contractor shall reimburse the Village for all its expenses including reasonable afforneys' fees and costs incurred in and about the defense ofany such claim or investigation and for any judgment or damages arising from Contractor's performance or non-perforrnance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal Contract No.2020-51TL Page 6 of 11 service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire AgreementfModification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. I5.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownershin and Access to Records and Audits 16.1. Contractor 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 Agreement ("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 Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attomey and other instruments). 16.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, 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 Agreement, and following completion of the Agreement untilthe records are transferred to the Village. 16.3. 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 119, Florida Statutes, or as otherwise provided by law. Contract No. 2020-51TL Page 7 of 11 16.4. 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 Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either partY, any and all public records relating to the Agreement 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 is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 16,7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2Xa), Florida 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 AGREEEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Jocelyn B. Koch Mailing address: 88 West Mclntyre Street Key Biscayne, FL 33149 Telephone number: 305-365-5506 Email: jkoch@keybiscayne.fl.gov 17. Nonassienabilitv. This Agreement shall not be assignable by Contractor unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Contractor, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severabilitv. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Contract No. 2020-51TL Page 8 of 11 19. Independent Contractor. The Contractor and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind ofjoint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Continsency Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entitv Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterpafts, each of which shall be deemed an originaland such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the conflict shall be resolved in the following order of priorities: 26.1. Change Orders with later date taking precedence; 26.2. Sections I through 26 of this Agreement; 26.3. Exhibit A - Scope of Work; and 26.4. Work Orders, with later date taking precedence. Should a conflict arise between the terms in Sections 1 through 26 of this Agreement or any of the exhibits, the more stringent criteria for performance of the Services shall apply. Contract No. 2020-5lTL Page 9 of 11 [Remainder of page intentionally left blank. Signature pages follow.] Contract No. 2020-5lTL Page 10 of11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By: By; Andrea Agha Village Manager Attest: By Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West Mclntyre Street Key Biscayne,FL 33149 305-365-55 l4 (telephone) 305-365-8936 (facsimile) aagha@keybiscayne. fl .gov (emai l) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attomey 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (emai l) Entity: Tapia Luis M Service, Corp. Addresses for Notice: Tapia Luis M Service, Corp. Jorge L. Tapia 12190 SW 45 Street Miami, FL33175 With a copy to: Tapia Luis M Service, Corp Luis Tapia 12190 SW 45 Street Miami, FL 33175 Name: Title: telephone) facsimile) email)( facsimile) email) Contract No. 2020-5lTL Page 11 of11 EXHIBIT "A' SCOPB OF SERVICES The Contractor can expect to provide services including, but not limited to, the following 1.1 SUMMARY OF WORK The Work, covered by the Specifications, Plans and other Contract Documents, includes the fumishing and installing of all materials, equipment, tools, labor and supervision necessary for the completion of work order-based projects in accordance with the Contract Documents. More specifically: Furnishing and installing all materials, equipment, tools, and superintendence necessary for the complete electrical maintenance services work and electrical repair work on an as-needed basis as requested by the Village and as indicated in the Contract Documents. 1.2 CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Village and the Contractor concerning the Work, consist of the Agreement (including any change orders and amendments thereto), the Plans and Specifications for projects issued hereunder, any Bidding Documents or procurement documents, the Contractor's Bid (including the Schedule of Bid ltems-Pricing), Insurance Certificates, the Notice of Award, and any Work Orders and Notice to Proceeds issued hereunder, all of which are deemed incorporated into and made a part of this Agreement by this reference. 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. 1.3 SPECIAL COORDINATION WORK BY OTHERS The Village, while not directing the methods or means by which the Contractor performs the Work, does require the Contractor coordinate his/her work with the work of other independent contractors who may be present on a project. 1.4 SPECIAL COORDINATION WORK BY FRANCHISED AND OTHER PRTVATE FACILITY Contractor shall contact the following classes of franchised utilities and private facility companies and those specifically identified on the Plans, 48 hours prior to beginning the Work. l. TelephoneCompany(s) 2. Electric Power 3. Cable Television 4. Gas Company 5. Pipeline In addition, Contractor shall call for line locate through "Call Before You Dig", "Sunshine" or U.N.C.L.E. (Utility Notification Center Liaison Excavators) or other similar organizations prior to initiating any Work. Contractor shall assist in whatever means necessary with the franchised utilities to locate vertically and horizontally existing facilities. This may include, but is not limited to the following: . probing o Excavating Page A-l EXHIBIT *A' SCOPE OF SERVTCES . Sounding If there are franchised utilities located within a project that will have to be relocated, Contractor shall coordinate all relocations with utility owners. This shall include scheduling the Work in such a manner so as to allow for the production schedules of the franchised utility owners. Contractor shall coordinate the installation of all required services such that completion of the project is accomplished within the timeframe provided for in the Work Order. In particular, this shall apply to the installation of water and/or electrical meters. 1.5 MEASTJREMENT AND PAYMENT Measurement and Payment applies to the Schedule of Values. The quantities listed are established for the purpose of evaluating Bids and establishing unit prices for each individual Work Item for electrical maintenance services and repair work to be contracted by the Village under individual Work Orders, based on the unit prices established under the Bid. All other costs shall be considered incidental to the unit prices established in the BID and or the Contract/Purchase Orders as a whole. A. FIELD ENGTNEERING There will be no separate payment made for Field Engineering specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Field Engineering. B. TRENCH SAFETY PROGRAM There will be no separate payment made for Trench Safety Program specified within this Section. A11 costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to the Trench Safety Program. C. MATERIALS TESTING There will be no separate payment made for Materials Testing specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Materials Testing. D. TEMPORARYFACILITIES There will be no separate payment made for Temporary Facilities specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Temporary Facilities. E. TRAFFIC CONTROL/\4AINTENANCE OF TRAFFIC There will be no separate payment made for Traffic Control/MOT specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Traffic Control/MOT. F. MOBILIZATION There will be no separate payment made for Mobilization. All costs are incidental and are to be included within the appropriate pay items deemed by the Contractor to be applicable to Mobilization. 1.6 PROCESSING OF APPLICATION FOR PAYMENT Page A-2 EXHIBIT *A'' SCOPE OF'SERVICES Cut-off date is the close of the Work day of the 20th day of each month. CONTRACTOR shall submit by the 25th day of each month CONTRACTOR's completed Application for Payment. Should the 25th fall on a weekend or holiday, CONTRACTOR shall submit his application on the next workday. CONTRACTOR is advised that processing of draws must follow this schedule, as the VILLAGE has funding requirements which may prevent payment of late Application for Payment for that month's billing cycle. Late Application for Payment with a Recommendation for Payment by the CONSULTANT and approved by the CONSULTANT will be paid in the next month's billing cycle. 1.7 SHOP DRAWINGS NUMBER OF COPIES REQUIRED: For shop drawings and data which requires review, the minimum number of copies required is (5). DISPOSITI ON OFS TIRMITTAI,TA' f)afa that is reviewed and requires no correction will be marked "No Exceptions Taken" or "Approved" and distributed for construction and / or manufacture. Data that is reviewed and has only minor corrections will be stamped "Approved as Noted" and distributed for construction and / or manufacture. Data requiring more numerous changes or corrections will be marked "Revise and Resubmit". When revised, the data will be stamped and distributed for construction. Data that contains substantial errors or omissions or which is not clearly legible will be marked "Revise and Resubmit" and will be returned for re submittal of corrected material. Data that does not conform to the Plans or meet the Specifications or fully equals the established standard will be marked "REJECTED". REVIEW PERIOD The Consultant shall review submittals and respond to them within 10 working days of their receipt. 1.8 TRENCH SAFETY DESIGN PART 1 - GENERAL 1.01 SECTION INCLUDES All geotechnical, structural or other design considerations necessary for trench safety design. 1,02 REFERENCES Department of Labor criteria and OSHA Safety and Health Standards (29 CFR 192611010), and the State of Florida trench safety criteria. I.O3 SYSTEMDESCRIPTION Page A-3 EXHIBIT *AO' SCOPE OF'SERVICES Design Requirements. Designer shall have sufficient professional engineering competence to designate necessary geotechnical investigation, interpret geotechnical information, and formulate structural design. Performance Requirements. Provide for safety of all personnel and the public present in or adjacent to any trench constructed under the scope of this contract. I.04 OUALITY TNSURANCE Qualification. Designer to have completed a minimum of 20 trench safety designs in the last two (2) years and have had no trench safety design failures. Regulatory Requirement. Conform to any local, State, and Federal laws, rules, regulations, and ordinances covering design and trench safety designs. PART 2 - PRODUCTS Not included in this section. PART 3 - EXECUTION 3.01 FIELD OUALITY CONTROL Inspect the Work with sufficient regularity to assure compliance with trench safety design. 1.9 TRENCH SAFETY PROGRAM PART 1- GENERAL 1.01 SECTION INCLUDES Furnishing, installing, operating, maintaining, adjusting, and removing all materials, labor, tools, equipment and superintendence necessary for trench safety program. I,O2 RELATED SECTIONS A. Section 01392 - Trench Safety Design 1.03 PERFORMANCE Comply with trench safety design. PART 2 - PRODUCTS Not included in this section. PART 3 -UTION 3.01 INSTALLATION lnstall, operate, maintain, adjust, and remove trench safety equipment, and precautions in accordance with trench safety design. 3.02 FIELD QUALTTY CONTROL Inspect the Work with sufficient regularity to assure compliance with trench safety design. 1.10 STANDARD SPECIFICATIONS AND DETAILS TECHNICAL SPECIFICATIONS The Technical Specifications which govern the materials to be furnished and the Work to be performed under this contract shall be the Village of Key Biscayne Standard Specifications and the latest edition of the Florida Building Code, the National Electrical Code, and/or the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Page A-4 EXHIBIT ..A' SCOPE OF SERVICES The Technical Specifications referred to above are supplemented by other applicable local, state or national published standard specifications (i.e.: DOT Standard Indexes), all of which shall be treated as though incorporated herein. CONSTRUCTION DRAWINGS OR PLANS Construction Drawings or Plans may be provided for individual work items as necessary. The Construction Drawings or Plans referred to above are supplemented by Village Standard Details and the latest edition of the Florida Building Code, the National Electrical Code, and/or Florida Department of Transportation Standard Specifications for Road and Bridge Construction. In addition, when referred to, the Construction Drawings or Plans are supplemented by other applicable local, state or national published standard specifications (i.e.: DOT Standard Indexes), all of which shall be treated as though incorporated herein. Page A-5 EXHIBIT "B' RATE SCHEDULE The Rate Schedule for Services performed pursuant to this Agreement is as follows IRATE SCHEDULE FOLLOWSI Page B-1 Rate Schedule (BT-34RU) Kelerences to "Kegutar Hours" ano "uverume Kate" rn tne t'ro Form and executed contract are defined as follows: .All scheduled work Monday through Friday will be performed under the Regular Hours rate regardless of time of scheduled work. .All scheduled work Saturday through Sunday will be performed under the Overtime Rate. 'All emergency work Monday through Friday, from 8:30 AM to 5:00 PM will be performed under the Regular Hours rate. .All emergency work Saturday through Sunday will be performed under the Overtime Rate. .All emergency work Monday through Friday, outside of 8:30 AM to 5:00 PM will be performed under the Overtime Rate. NOTES: 1.ALL WORK SHALL COMPLY WITH VILLAGEVILLAGE OF KEY BISCAYNE STANDARDS AND THE LATEST EDITION OF THE FLORIDA BUILDING CODE, NATIONAL ELECTRIC CODE, AND/OR FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFIGATIONS. 2,REPAIRS, REPLACEMENTS AND/OR MAINTENANCE FOR NON-EMERGENCY WORK MUST BE pRovtDED wrTHrN THREE (3) CALENDAR DAYS OF NOTIFTCATTON BY THE VILLAGE. FOR EMERGENCY WORK, AS DEFINED BY THE VILLAGE AT ITS SOLE DISCRETION, ALL ON.SITE SERV|CES SHALL BE PROVTDED WTTHTN TWO (2) HOURS AFTER NOTTFTCATTON BY THE VILLAGE, T-DAYS, 24.HOURS A DAY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAKE SURE ALL REQUIRED EQUIPMENT IS IN WORKING CONDITION AND AVAILABLE AS MAY BE REQUIRED. IF ANY PIECE OF EQUIPMENT IS OUT OF SERVICE, CONTRACTOR NEEDS TO PROVIDE THE NECESSARY REPLACEMENT EQUIPMENT WTHIN 24HRS AT NO ADDITIONAL COST TO THE VII I AGF lnstructions - When pasting content, please use Paste Special as Text without any formatting. - Please do not change the structure of any of the worksheets. Changing the structure will invalidate your submission, - Any additional information outside of the given structure of the worksheets will not be visible to the purchaser. - Please do not save this file in a different format. Saving this file in a different format will invalidate your submission. - Please follow the instructions provided along with this file to submit it back to Bonfire. - You must bid on every item. To do so, all of the editable cells for the item must contain a valid value. - Please do not use Excel formulas in your responses. - lf you have any questions regarding the content of this file, please contact the appropriate purchaser. - lf you have any technical problems, please contact Bonfire at Support@GoBonfire.com. Responses Regular Hours Rates Succ€a.: All vrlu€prerddgd 41-1 LICENSEO ELECTRICIAN Succosr:All vrlue! provlded #1-2 ELECTRICIAT{'S HELPER Suacca!:AllYalu6provlded #1-3 BUCKET TRUCK Succeas: All Y.lues ptlvld€d #14 ' One person indoor lift to a maximum of 45 feet , Hourly Hourly Hourly Hourly $ 65.00 $ 65.00 $ 30.00 $ 30.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 95.00 $ 95.00 s 45.00 $ 45.00 $ 105.00 $ 105.00 $ 80.00 $ 80.00 Overtime Hours Rates Success:Allvaluerprovldod #2-'l Succda$: All vlluec provlded #2-2 Succ63:Allvaluesprovlded #2-3 Sucoes!: All Yaluea pmYlded #2-4 LICENSED ELECTRICIAN ELECTRICIAN'S HELPER BUCKET TRUCK One person indoor lift to a maximum of 45 feet Overtime Rate Houdy Hourly Hourly Hourly EXHIBIT "C'' SAMPLE STATEMENT OF WORJSWORK ORDER ISAMPLE WORK ORDER FOLLOWS] Page C-l Vl ILLAIC]E C)F iKE Y IFI,I:SCIAY I\ E WORK ORDER Contractor's Name Date: Prepared By:Contract # Title Proposed Completion Date Statement of Work: Describe Work to be rmed in as much detail as Price Proposal: (Calculate using the Rate Schedule included in Contract) Item No.Description Unit Price quantity Extended Price Total Prlce Fee basis: n Fixed Lump Sum n Not to Exceed AllWork must be performed in accordance with the Contractterms and conditions. For Contractor For Village By:Work Order # Name of Authorized Representative Name of Authorized Representative ELECTRICAL SERVICES AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND UNIVERSAL ELECTRIC OF FLORIDAO INC' THIS AGREEMENT (this'oAgreement") is made effective as of the _ day of _ 2020 (the "Effective Date"), by and between the VILLAGE OF KEY BISCAYNE' FLORIDA, a Florida municipal corporation, (the "Village"), and UNIVERSAL ELECTRIC OF FLORIDA' INC., a Florida Corporation (the "Contractor"). WHEREAS, the Village desires certain general electrical installation, repair, and maintenance services; and WHEREAS, the Village issued Invitation to Bid No. 2020-51 (the "ITB") for professional services relating to miscellaneous, as-needed electrical maintenance services (the "Services," as further defined herein); and WHEREAS, in response to the ITB, the Contractor submitted a proposal ("Proposal"), which is incorporated herein by reference, for the Services and was thereafter selected by the Village Council; and WHEREAS, the Contractor will perform Services on behalf of the Village, all as further set forth in the General Requirements of the ITB, which are attached hereto as Exhibit "A" (the "Services"); and WHEREAS, the Contractor and Village, through mutual negotiation, have agreed upon a rate schedule as set forth in Exhibit "8" (the "Rate Schedule") in connection with the Services; and WHEREAS, the Village desires to engage the Contractor to furnish all materials, supplies, equipment, labor, and supervision required to perform the Services as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the Village agree as follows: 1. Scope of Services. 1.1. The Contractor shall furnish the Services in accordance with the General Requirements attached hereto as Exhibit "A" and provide deliverables for various project aspects for the Village (each a "Project"), as requested by the Village and detailed in a "statement of Work" as shown in Exhibit "C" attached hereto which the Village will provide the Contractor when engaging the Contractor to work on a specific Project. 1.2. Prior to commencement of work on a specific Project, the Contractor will provide the Village with a fixed lump sum or maximum (i.e., not to exceed) cost for the Services set forth in the Statement of Work calculated using the rates set forth on the Rate Schedule attached hereto. Contract No. 2020-51UE Page I of11 1.3. If the Village approves the fixed lump sum cost for the Project, the Village will provide the Contractor with a Notice to Proceed to perform the Services set forth in the Statement of Work. Contractor acknowledges that it shall not undertake to perform any Services on any Project until it has received from the Village the Notice to Proceed on such Project. 1.4. Contractor shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables") to the Village. 1.5. The Contractor shall abide by the terms and requirements of the ITB, as though fully set forth herein. 2. Term/Commencement Date. 2.1. The term of this Agreement shall begin on the Effective Date and shall continue for three years thereafter, unless earlier terminated in accordance with Section 8. Additionally, the Village Manager may renew this Agreement for up to two additional one-year periods on the same terms as set forth herein upon written notice to the Contractor. 2.2. Contractor agrees that time is of the essence and Contractor shall complete the Services within the timeframes set forth in the Statement of Work and the Notice to Proceed for each Project in the manner provided in this Agreement, unless extended by the Village Manager. 3. Compensation and Payment. 3.1" Compensation for Services provided by Contractor shall be in accordance with the approved cost set forth in the Statement of WorVWork Order or the Notice to Proceed for such Project, which shall be based on the Rate Schedule attached hereto as Exhibit B. 3.2. During each Project, Contractor shall deliver an invoice to Village no more often than once per month detailing Services completed and the amount due to Contractor under the Statement of Work for such Project. Fees shall be paid in arrears each month, pursuant to Contractor's invoice, which shallbe based upon the percentage of work completed for each Project. The Village shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the Village Manager. 3.3. Contractor's invoices must contain the following information for prompt payment: 3.3.1. Name and address of the Contractor; 3.3.2. Purchase/Work Order number; 3.3.3. Contract number; 3.3.4. Date of invoice; Contract No. 2020-51UE Page 2 of 11 3.3.5. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers willbe rejected); 3.3.6. Name and type of Work; 3.3.7. Timeframe covered by the invoice; and 3.3.8. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection ofthe invoice. All invoices must be submitted electronically to payab les@keyb iscayne. fl . gov. 4. Subcontractors. 4.1. The Contractor shall be responsible for all payments to any subcontractors and shall maintain responsibility for all work related to the Services and/or any Project. 4.2. Contractor may only utilize the services of a particular subcontractor with the prior written approval of the Village Manager, which approval shall be granted or withheld in the Village Manager's sole and absolute discretion. 5.Villape's ibilities. 5.1. Village shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the Village, and provide criteria requested by Contractor to assist Contractor in performing the Services. 5.2. Upon Contractor's request, Village shall reasonably cooperate in arranging access to public information that may be required for Contractor to perform the Services. 6. Contractor's Responsibilities: Representations and Warranties. 6.1. The Contractor shall exercise the same degree of care, skill and diligence in the performance of the Services for each Project as is ordinarily provided by a contractor under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Contractor's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to Village requests, the Contractor shall at Contractor's sole expense, immediately correct its Deliverables or Services. 6.2. The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for Village as an independent contractor ofthe Village. Contractor further warrants and represents that it has the required knowledge, expertise, and experience to perform the Contract No. 2020-51UE Page 3 ofll Services and carry out its obligations under this Agreement in a professional and first class manner 6.3. The Contractor represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Contractor have been duly authorized, and this Agreement is binding on Contractor and enforceable against Contractor in accordance with its terms. No consent of any other person or entity to such execution, delivery and perlormance is required. 7. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the Village. 8. Termination. 8.1. The Village Manager, without cause, may terminate this Agreement upon five (5) calendar days' written notice to the Contractor, or immediately with cause. 8.2. Upon receipt of the Village's written notice of termination, Contractor shall immediately stop work on the project unless directed otherwise by the Village Manager. 8.3. In the event of termination by the Village, the Contractor shall be paid for all work accepted by the Village Manager up to the date of termination, provided that the Contractor has first complied with the provisions of Section 8.4. 8.4. The Contractor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the Village, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Contractor shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. 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 forth in this section and may be increased by the Village as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily tnjury and Property Contract No. 2020-51UE Page 4 of ll Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. 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 Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the Village, reflecting the Village as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by Village and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The 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 Agreement, including 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 Agreement and shall state that such. insurance is as required by this Agreement. 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 Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval ofthe Village. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Services performed by or on behalf of the Contractor in performance of this Agreement. 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 Contract No. 2020-51UE Page 5 of 11 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. 9.4. 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. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses ofany paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. II.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLLINTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Contractor shall 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, arising from Contractor's performance or non- performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Contractor and third parties made pursuant to this Agreement. Contractor shall reimburse the Village for all its expenses including reasonable attorneys' fees and costs incurred in and about the defense ofany such claim or investigation and for any judgment or damages arising from Contractor's perforrnance or non-perforrnance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the Village nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The Village is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement 13.Notices/Authorized Renresentatives-Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal Contract No. 2020-5 1 UE,Page 6 of11 service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownershin and Access to Records and Audits. 16.1. Contractor 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 Agreement ("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 Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Agreement. The Village Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Agreement. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, 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 Agreement, and following completion of the Agreement until the records are transferred to the Village. 16.3. 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 1 19, Florida Statutes, or as otherwise provided by law. Contract No. 2020-51UE Page 7 of11 16.4. 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 Agreement are and shall remain the property of the Village. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement 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 is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 16.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the Village. 16.8. Notice Pursuant to Section 119.0701(2Xa). Florida 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 AGREEEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Jocelyn B. Koch Mailing address: 88 West Mclntyre Street Key Biscayne, FL 33149 Telephone number: 305-365-5506 Email: jkoch@keybiscayne.fl.gov 17. Nonassignability. This Agreement shall not be assignable by Contractor unless such assignment is first approved by the Village Manager. The Village is relying upon the apparent qualifications and expertise of the Contractor, and such firm's familiarity with the Village's area, circumstances and desires. 18. Severability. tf any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Contract No. 2020-51UE Page 8 of ll 19. Independent Contractor. The Contractor and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the Village with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind ofjoint undertaking, enterprise or venture between the parties. 20. Comnliance with Laws. The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Continsency Fees. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24.Public Entitv Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counternarts. This Agreement may be executed in severalcounterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the conflict shall be resolved in the following order of priorities: 26.1. Change Orders with later date taking precedence; 26.2. Sections I through 26 of this Agreement; 26.3. Exhibit A - Scope of Work; and 26.4. Work Orders, with later date taking precedence Should a conflict arise between the terms in Sections I through 26 of this Agreement or any of the exhibits, the more stringent criteria for performance of the Services shall apply. Contract No. 2020-51UE Page 9 of 11 [Remainder of page intentionally left blank. Signature pages follow.l Contract No. 2020-51UE Page 10 of11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By By Andrea Agha Village Manager Attest: By: Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency By Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West Mclntyre Street Key Biscayne,FL 33149 305-365-55 14 (telephone) 305-365-8936 (facsimile) aagha@keybiscayne.fl .gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. .Attn: Chad Friedman, Esq. Village of Key Biscayne Attomey 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) Name: Title Entity: Universal Electric of Florida, Inc. Addresses for Notice: Universal Electric of Florida, Inc. Phillip L. Kroyman, Jr. 6748 NW 17th Avenue Fort Lauderdale, FL 33309 _(telephone) facsimile) email) With a copy to: Universal Electric of Florida, Inc Phillip L. Kroyman, Jr. 512 NE 8th Avenue Deerfield Beach, FL 33441 (telenhone) _(facsimile) email) Contract No. 2020-51UE Page 11 of11 EXHIBIT "A'' SCOPE OF SER\'ICES The Contractor can expect to provide services including, but not limited to, the following 1.1 SUMMARY OF WORK The Work, covered by the Specifications, Plans and other Contract Documents, includes the fumishing and installing of all materials, equipment, tools, labor and supervision necessary for the completion of work order-based projects in accordance with the Contract Documents. More specifically: Furnishing and installing all materials, equipment, tools, and superintendence necessary for the complete electrical maintenance services work and electrical repair work on an as-needed basis as requested by the Village and as indicated in the Contract Documents. 1.2 CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Village and the Contractor concerning the Work, consist of the Agreement (including any change orders and amendments thereto), the Plans and Specifications for projects issued hereunder, any Bidding Documents or procurement documents, the Contractor's Bid (including the Schedule of Bid ltems-Pricing), Insurance Certificates, the Notice of Award, and any Work Orders and Notice to Proceeds issued hereunder, all of which are deemed incorporated into and made a part of this Agreement by this reference. 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. 1.3 SPECIAL COORDINA N WORK BY OTHERS The Village, while not directing the methods or means by which the Contractor performs the Work, does require the Contractor coordinate his/her work with the work of other independent contractors who may be present on a project. 1.4 SPECIAL COORDINATION WORK BY FRANCHISED AND OTHER PRTVATE FACILITY Contractor shall contact the following classes of franchised utilities and private facility companies and those specifically identified on the Plans, 48 hours prior to beginning the Work. 1. TelephoneCompany(s) 2. Electric Power 3. Cable Television 4. Gas Company 5. Pipeline In addition, Contractor shall call for line locate through "Call Before You Dig", "Sunshine" or U.N.C.L.E. (Utility Notification Center Liaison Excavators) or other similar organizations prior to initiating any Work. Contractor shall assist in whatever means necessary with the franchised utilities to locate vertically and horizontally existing facilities. This may include, but is not limited to the following: o probing r Excavating Page A-l EXHIBIT "A'' SCOPE OF SERVICES . Sounding If there are franchised utilities located within a project that will have to be relocated, Contractor shall coordinate all relocations with utility owners. This shall include scheduling the Work in such a manner so as to allow for the production schedules of the franchised utility owners. Contractor shall coordinate the installation of all required services such that completion of the project is accomplished within the timeframe provided for in the Work Order. [n particular, this shall apply to the installation of water and/or electrical meters. 1.5 MEASUREMENT AND PAYMENT Measurement and Payment applies to the Schedule of Values. The quantities listed are established for the purpose of evaluating Bids and establishing unit prices for each individual Work Item for electrical maintenance services and repair work to be contracted by the Village under individual Work Orders, based on the unit prices established under the Bid. All other costs shall be considered incidental to the unit prices established in the BID and or the Contract/Purchase Orders as a whole. A. FIELD ENGINEERING There will be no separate payment made for Field Engineering specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Field Engineering. B. TRENCH SAFETY PROGRAM There will be no separate payment made for Trench Safety Program specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to the Trench Safety Program. C. MATERIALS TESTING There will be no separate payment made for Materials Testing specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Materials Testing. D. TEMPORARY FACILITIES There will be no separate payment made for Temporary Facilities specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Temporary Facilities. E. TRAFFIC CONTROL/MAINTENANCE OF TRAFFIC There will be no separate payment made for Traffic Control/MOT specified within this Section. All costs are incidental and are to be included within the appropriate pay item deemed by the Contractor to be applicable to Traffic Control/MOT. F. MOBILIZATION There will be no separate payment made for Mobilization. All costs are incidental and are to be included within the appropriate pay items deemed by the Contractor to be applicable to Mobilization. 1.6 PROCESSING OF APPLICATION FOR PAYMENT Page A-2 EXHIBIT "A' SCOPE OF SERWCES Cut-off date is the close of the Work day of the 20th day of each month. CONTRACTOR shall submit by the 25th day of each month CONTRACTOR's completed Application for Payment. Should the 25th fall on a weekend or holiday, CONTRACTOR shall submit his application on the next workday. CONTRACTOR is advised that processing of draws must follow this schedule, as the VILLAGE has funding requirements which may prevent payment of late Application for Payment for that month's billing cycle. Late Application for Payment with a Recommendation for Payment by the CONSULTANT and approved by the CONSULTANT will be paid in the next month's billing cycle. 1.7 SHOP DRAWINGS NUMBER OF COPIES REQUIRED: For shop drawings and data which requires review, the minimum number of copies required is (5). DISPOSITION OF SUBMITTAL DATA: Data that is reviewed and requires no correction will be marked "No Exceptions Taken" or "Approved" and distributed for construction and / or manufacture. Data that is reviewed and has only minor corrections will be stamped "Approved as Noted" and distributed for construction and / or manufacture. Data requiring more numerous changes or corrections will be marked "Revise and Resubmit". When revised, the data will be stamped and distributed for construction. Data that contains substantial errors or omissions or which is not cleariy legible will be marked "Revise and Resubmit" and will be retumed for re submittal of corrected material. Data that does not conform to the Plans or meet the Specifications or fully equals the established standard will be marked "REJECTED". REVIEW PERIOD The Consultant shall review submittals and respond to them within 10 working days of their receipt 1.8 TRENCH SAFETY DESIGN PART 1 - GENERAL 1.01 SECTION INCLUDES All geotechnical, structural or other design considerations necessary for trench safety design. 1.02 REFERENCES Department of Labor criteria and OSHA Safety and Health Standards (29 CFR 1926ll0l0), and the State ofFlorida trench safety criteria. I.O3 SYSTEMDESCRIPTION Page A-3 EXIIIBIT *A' SCOPE OF SERVICES Design Requirements. Designer shall have sufficient professional engineering competence to designate necessary geotechnical investigation, interpret geotechnical information, and formulate structural design. Performance Requirements. Provide for safety of all personnel and the public present in or adjacent to any trench constructed under the scope of this contract. I,O4 OUALITY INSURANCE Qualification. Designer to have completed a minimum of 20 trench safety designs in the last two (2) years and have had no trench safety design failures. Regulatory Requirement. Conform to any local, State, and Federal laws, rules, regulations, and ordinances covering design and trench safety designs. PART 2 - PRODUCTS Not included in this section. PART 3 . EXECUTION 3.01 ALITY Inspect the Work with sufficient regularity to assure compliance with trench safety design 1.9 TRENCH SAFETY PROGRAM PART I- GENERAL I.O1 SECTION INCLUDES Furnishing, installing, operating, maintaining, adjusting, and removing all materials, labor, tools, equipment and superintendence necessary for trench safety program. I.O2 RELATED SECTIONS A. Section 01392 - Trench Safety Design I.O3 PEMORMANCE Comply with trench safety design. PART 2 . PRODUCTS Not included in this section. PART 3 -EXECUTION 3.01 INSTALLATION Install, operate, maintain, adjust, and remove trench safety equipment, and precautions in accordance with trench safety design. 3.02 FIELD QUALITY CONTROL Inspect the Work with sufficient regularity to assure compliance with trench safety design. 1.10 STANDARD SPECIFICATIONS AND DETAILS TECHNICAL SPECIFICATIONS The Technical Specifications which govern the materials to be furnished and the Work to be performed under this contract shall be the Village of Key Biscayne Standard Specifications and the latest edition of the Florida Building Code, the National Electrical Code, and/or the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. Page A-4 EXHIBIT *A' SCOPE OF SERVICES The Technical Specifications refened to above are supplemented by other applicable local, state or national published standard specifications (i.e.: DOT Standard Indexes), all of which shall be treated as though incorporated herein. CONSTRUCTION DRAWINGS OR PLANS Construction Drawings or Plans may be provided for individual work items as necessary. The Construction Drawings or Plans referred to above are supplemented by Village Standard Details and the latest edition of the Florida Building Code, the National Electrical Code, and/or Florida Department of Transportation Standard Specifications for Road and Bridge Construction. In addition, when refened to, the Construction Drawings or Plans are supplemented by other applicable local, state or national published standard specifications (i.e,: DOT Standard Indexes), all of which shall be treated as though incorporated herein. Page A-5 EXHIBIT (8" RATE SCHEDULE The Rate Schedule for Services performed pursuant to this Agreement is as follows: IRATE SCHEDULE FOLLOWS] Page B-l Rate Schedule (BT-34RU) Hererences to "Kegutar Hours" and "uverilme Kate" ln tne uro Form and executed contract are defined as follows: .All scheduled work Monday through Friday will be performed under the Regular Hours rate regardless of time of scheduled work. .All scheduled work Saturday through Sunday will be performed under the Overtime Rate. .All emergency work Monday through Friday, from 8:30 AM to 5:00 PM will be performed under the Regular Hours rate. .All emergency work Saturday through Sunday will be performed under the Overtime Rate. .AIl emergency work Monday through Friday, outside of 8:30 AM to 5:00 PM will be performed under the Overtime Rate. NOTES: 1.ALL WORK SHALL COMPLY WITH VILLAGEVILLAGE OF KEY BISCAYNE STANDARDS AND THE LATEST EDITION OF THE FLORIDA BUILDING CODE, NATIONAL ELECTRIC CODE, AND/OR FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS. 2.REPAIRS, REPLACEMENTS AND/OR MAINTENANCE FOR NON-EMERGENCY WORK MUST BE pRovtDED wrTHrN THREE (3) CALENDAR DAYS OF NOTTFTCATTON BY THE VTLLAGE. FOR EMERGENCY WORK, AS DEFINED BY THE VILLAGE AT ITS SOLE DISCRETION, ALL ON-SITE SERV|CES SHALL BE PROVTDED WTTHTN TWO (2) HOURS AFTER NOTTFTCATTON BY THE VILLAGE, 7-DAYS, z4.HOURS A DAY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAKE SURE ALL REQUIRED EQUIPMENT IS IN WORKING CONDITION AND AVAILABLE AS MAY BE REQUIRED. IF ANY PIECE OF EQUIPMENT IS OUT OF SERVICE, CONTRACTOR NEEDS TO PROVIDE THE NECESSARY REPLACEMENT EQUIPMENT WITHIN 24HRS AT NO ADDITIONAL COST TO THE VII I AGF lnstructions - When pasting content, please use Paste Special as Text without any formatting. - Please do not change the structure of any of the worksheets. Changing the structure will invalidate your submission. - Any additional information outside of the given structure of the worksheets will not be visible to the purchaser. - Please do not save this file in a different format. Saving this file in a different format will invalidate your submission. - Please follow the instructions provided along with this file to submit it back to Bonfire. - You must bid on every item. To do so, all of the editable cells for the item must contain a valid value. - Please do not use Excel formulas in your responses. - lf you have any questions regarding the content of this file, please contact the appropriate purchaser. - lf you have any technical problems, please contact Bonfire at Support@GoBonfire.com. Responses Succsss: All dNtr B valldt Quantlty ReguiredUntt MeasuroStalus#Item Unit Price Totatcosl Regular Hours Rates Succo$: Ali valuss pmvldod #'l-1 $uccoss: All vdlues provlded #1-2 Success: All yalues provlded #1-3 Overtime Hours Rates Succesi: All value3 provldsd #2-1 Succesa: All values p.ovlded #2-2 Succa3s: All value3 provlded *2-3 Success: All value! provldod #2-4 LICENSED ELECTRICIAN Hourly ELECTRICIAN'S HELPER Hourly BUCKET TRUCK Houriy #1-4 One person indoor lift to a maximum of 45 feet Hourty LICENSED ELECTRICIAN Hourly ELECTRICIAN'S HELPER Hourly BUCKET TRUCK Hourly : One person indoor lift to a maximum of 45 feet, Overtime Rate Hourly $ 48.10 $ 39.10 I 34.60 $29.20 $ 67.00 $ 48.10 $ 48.10 $ 39.1 0 $ 34.60 $29.20 $ 67.00 $ 48.10 $ 44.50 $ 44.50 $ 39.10 $ 39.10 EXHIBIT "C' SAMPLB STATEMBNT OF WORK/WORT( ORDER ISAMPLE WORK ORDER FOLLOWS] Page C- I Vl LLAGE ()F ]KE Y ]F3ISCA V I\ IE WORK ORDER Statement of Work Work to be in as much detail as Price Proposal: (Calculate using the Rate Schedule included in Contract) Fee basis: n Fixed Lump Sum n Not to Exceed All Work must be performed in accordance with the Contractterms and conditions. For Contractor For Village Work Order #: t)\ // {)Rll)\ Contractor's Name:Date: Prepared By:Contract #: Title Proposed Completion Date Item No.Description Unit Price Quantity Extended Price Totel Price Name of Authorized Representative Name of Authorized Representative