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
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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
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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
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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
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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