HomeMy Public PortalAbout2018-8 Selecting AUM Construction Inc for the Fernwood Road Lighting Improvements ProjectRESOLUTION NO. 2018-8
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, SELECTING AUM
CONSTRUCTION, INC. FOR THE FERNWOOD ROAD
LIGHTING IMPROVEMENTS PROJECT; PROVIDING
FOR AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, pursuant to Section 3.07(b) of the Charter of the Village of Key Biscayne,
Florida (the "Village"), the Village Council desires to authorize the expenditure of Village funds
for the capital project consisting of the installation of decorative lighting along Fernwood Road
(the "Project"); and
WHEREAS, the Village received three proposals for the Project, which were reviewed
and evaluated by EAC Consulting, Inc., one of the Village's engineering consultants; and
WHEREAS, AUM Construction, Inc. (the "Contractor") submitted a proposal for the
Project ("Proposal"); and
WHEREAS, after review and evaluation of the three proposals, the Village Manager
recommends that the Contractor be selected to perform the Project as the lowest, responsive and
responsible bidder; and
WHEREAS, the Village Council desires to select Contractor to perform the Project and
authorize the Village Manager to negotiate and execute a contract with the Contractor consistent
with the Proposal in an amount not to exceed $343,999.99 (the "Contract"); and
WHEREAS, the Village Council finds that it is in the best interest of the Village to
authorize and award a Contract for the Project to Contractor; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the citizens of the Village.
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NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals. Each of the above -stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. Selection. The Village Council hereby approves and selects the Contractor
for the Project.
Section 3. Authorization. The Village Council hereby authorizes the Village
Manager to negotiate and execute a Contract consistent with the Contractor's Proposal in an
amount not to exceed $343,999.99, and execute any related or necessary documentation on
behalf of the Village, subject to approval by the Village Attorney as to form, content, and legal
sufficiency.
Section 4. Implementation. The Village Council hereby authorizes the Village
Manager to take any action which is reasonably necessary to implement the purpose of this
Resolution.
Section 5. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 10th day of April, 2018.
MAYOL/Vra PENA LINDSA
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ATTEST:
NN IF MEDIN MC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
VILLAGE ATTORNEY
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Exhibit "B"
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made by and between
the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation (hereinafter
referred to as "Village"), and /1,y, M . �...z74//c.• 6" whosemailing address is
67,5-1bN4 w- [ / 4374> i/roie.A 6orde•..a, FL 33046
(hereinafter referred to as "Contractor").
WITNESSETH
WHEREAS, in response to the Village's Invitation to Bid issued on DAY, MONTH
DATE, YEAR, Contractor submitted a proposal for the Project (as hereinafter defined);
WHEREAS, Contractor and Village, for the considerations hereinafter named, the
receipt and sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment,
services and incidentals necessary to perform the totality of the obligations
imposed upon the Contractor and all of the work for the FERNWOOD ROAD
LIGHTING IMPROVEMENTS (the "Work" or "Project") in accordance with and as
described in the Plans and Specifications and Project Manual prepared by
EAC Consulting, Inc. dated December 2017 (hereinafter the "Contract
Documents" as defined in Section 4.1) incorporated herein by reference and
made a part hereof.
ARTICLE 2
CONTRACT TIME
2.1 Contractor shall be instructed to commence the Work by written instructions in
the form of a Notice to Proceed providing a commencement date and issued
by the Village Manager. The Notice to Proceed will not be issued until
Contractor's submission to Village of all required documents, including permits(s),
and after execution of this Contract. 60
2.2 The Contractor shall prosecute the Work with aithfulness and diligence and the
Work shall be substantially completed within' DAYS calendar days from the date
specified in the Notice to Proceed ("Substantial Completion") so that the Village
may occupy and use all or a portion of the Project for its intended purpose.
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Achievement of Substantial Completion requires acceptance by the Village that
the Work is complete and in accordance with the Contract Documents so that
the Village may occupy and use the Project for the purpose and use for which it
was intended, and the permitting governmental authorities shall have issued final
inspection and approval. The Work shcq be fully completed in accordance with
the Contract Documents within DAYS alendar days from the date specified in
the Notice to Proceed ("Final Completion"), and on the date agreed to by
Village when all Work has been completed in accordance with the Contract
Documents, including the satisfaction of all requirements in Section 3.3 of this
Contract for final payment.
2.3 Time is of the essence throughout this Contract and there will be monetary
damage to the Village in the event that the Work is not completed within the
time fixed for completion in this Contract. In as much as the actual damages for
such delay of performance is impossible to exactly determine, Contractor agrees
that it shall be liable for and shall pay Village liquidated damages for all delay
damages as set forth herein. UpoCa ailure of Contractor to achieve Substantial
Completion of the Contract within)) AYS calendar days from the date specified
in the Notice to Proceed, Contractor shall pay to Village the sum of Five Hundred
Dollars ($500) for each calendar day that the Contractor failed to achieve
Substantial Completion. After Substantial Completion, should Contractor fail to
complete the remaining Work and achieve Final Completion within Seventy (70)
calendar days from the date specified in the Notice to Proceed, Contractor shall
pay to Village the sum of Five Hundred Dollars ($500) for each calendar day
after Substantial Completion that the Project has not achieved Final Completion
and readiness for final payment. These amounts are not penalties but are
liquidated damages payable by Contractor to Village for the failure to provide
full beneficial occupancy and use of the Project as required. Liquidated
damages are hereby fixed and agreed upon between the parties who hereby
acknowledge the difficulty of determining the amount of damages that will be
sustained by Village as a consequence of Contractor's delay and failure of
Contractor to complete the Work on time.
2.4 Village shall inspect the Work and prepare and deliver to the Contractor a
punchlist for the Work or portion thereof ("Punchlist'), which was inspected. This
Punchlist shall list all items that Village has identified for correction or completion.
When all items listed on the Punchlist have been corrected or completed to the
satisfaction of Village, Village may certify Final Completion. Contractor
understands and agrees that Final Completion cannot occur until such time as
the Punchlist Work has been completed so that the Project can be occupied
and used by Village for its intended purpose without disruption to Village.
2.5 Village is authorized to deduct the liquidated damages from monies due to
Contractor for the Work under this Contract. In case the liquidated damage
amount due to Village by Contractor exceeds monies due Contractor from
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Village, Contractor shall be liable and shall immediately upon demand by
Village pay to Village the amount of said excess.
ARTICLE 3
CONTRACT PRICE
3.1 Village shall pa to Contractor for the performa ce of the Contract, the total
lump sum of ree-40ndre&4-Ar •-./4reCa_• oesee.cg-n;melt aJrcg'/nfne1— �ni —
dollars ($3431 994, 99 ) (the "Contract Price"). The Contract Price shall be (Wars
,o
full compensation for all services, labor, materials, equipment and costs, including
overhead and profit, associated with completion of all the Work in full conformity
with the Contract Documents and adjusted only by written change orders signed
by both parties and approved as required by local law.
3.2 Village shall pay the Contract Price above pursuant to the following schedule:
The Contract Price shall be paid to Contractor upon Final Completion of the Work
in accordance with the Contract Documents and acceptance by the Village
and upon certification by the Village's Project Consultant that the Work is
complete and in accordance with the Contract Documents ("Certification of
Final Completion").
3.3 Upon Certification of Final Completion by the Village, the Contract Price shall be
due and payable to Contractor within thirty (30) days after the following
conditions are satisfied:
(a) Inspection and submission of evidence of approval of all the Work
requiring inspection by the Village and any governmental body,
inspection organization, bureau or association having jurisdiction over the
Work, within Contractor's responsibilities under this Contract;
(b) Owner's approval of Contractor's final Application for Payment;
(c) Assignment of all manufacturer's warranties or assignment of
subcontractor's warranties on material or equipment installed;
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(d) Final disbursements which are related to the performance of the Work by
Contractor or its subcontractors, sub -subcontractors, laborers or material
suppliers;
(e) Final waivers of lien from the Contractor and all vendors and
subcontractors which have provided labor and/or materials for
performance of 'the Work which shall accompany Contractor's
application for final payment;
(f)
Contractor obtaining a certificate of completion or occupancy, as may
be required;
It is mutually agreed that no payment made under this Contract shall be
evidence of acceptance of defective or improper materials or workmanship.
3.4 Any payment by Village, including the final request for payment, does not
constitute approval or acceptance by Village of any item of the Work nor shall it
be construed as a waiver of any of the Village's rights hereunder or at law or in
equity.
3.5 This Contract is subject to the condition precedents that: (i) Village funds are
available and budgeted for the Contract Price; (ii) the Village secures and
obtains any necessary grants or loans for the accomplishment of this Project
pursuant to any borrowing legislation adopted by the Village Council relative to
the Project; and (iii) Village Council enacts legislation which awards and
authorizes the execution of this Contract, if such is required.
ARTICLE 4
CONTRACT DOCUMENTS
4.1 The Contract Documents, which comprise the entire agreement between the
Village and the Contractor concerning the Work consist of (a) this Contract for
Construction (including any change orders and amendments thereto), (b) the
Project Manual and all bidding documents or procurement documents for the
Project, (c) the Contractor's bid or proposal for the Project, (d) Insurance
Certificates, (e) Performance and Payment Bonds, (f) the Notice of Award, and
(g) the Notice to Proceed, all of which are deemed incorporated into and
made a part of this Contract by this reference and govern this Project. In the
event of any conflict among the foregoing, the documents shall govern in the
order listed herein. Contractor is reminded and hereby recognizes that all Work
under this Contract must comply with all applicable federal, state and local law.
Any mandatory clauses which are required by applicable law shall be deemed
to be incorporated herein.
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4.2 This Contract incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of these Contract
Documents that are not contained herein. Accordingly it is agreed that no
deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written.
43 The Contract Documents shall remain the property of the Village. The Contractor
shall have the right to keep one record set of the Contract Documents upon
completion of the Project; however in no circumstances shall the Contractor use,
or permit to be used, any or all of such Contract Documents on other projects
without the Village's prior written authorization.
ARTICLE 5
INDEMNIFICATION
5.1 Contractor shall defend, indemnify, and hold harmless the Village, its officers,
agents and employees, from and against any and all demands, claims, losses,
suits, liabilities, causes of action, judgment or damages, including legal fees and
costs and through appeal, arising out of or, related to, or in any way connected
with Contractor's performance or non-performance of this Contract or with
Contractor's obligations or the Work related to this Contract, including by reason
of any damage to property or bodily injury or death incurred or sustained by any
party. The Contractor shall defend, indemnify, and hold the Village harmless from
all losses, injuries or damages and wages or overtime compensation due its
employees in rendering services pursuant to this Contract, including payment of
reasonable attorneys' fees and costs in the defense of any claim made under
the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Americans with Disabilities Act or any
employment related litigation or worker's compensation claims under federal or
state law. The Contractor shall further defend, indemnify, and hold the Village
harmless from all fines, citations, court judgments, insurance claims, restoration
costs or other losses or liabilities arising out of or, related to, or in any way
connected with Contractor's performance or non-performance of this Contract
or with Contractor's obligations or the Work related to this Contract. The
provisions of this section shall survive termination of this Contract.
ARTICLE 6
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INSURANCE
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 an insurance company 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 16 and may be increased by the VILLAGE as it deems necessary or prudent.
(a)
Commercial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occurrence combined single limit for Bodily Injury
and Property Damage. This Liability Insurance shall also include
Completed Operations and Product Liability coverages and eliminate the
exclusion with respect to 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.
(b) Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal
laws. The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of
the CONTRACTOR shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker's Compensation insurance.
(c) Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without restrictive
endorsements, as filed by the Insurance Service Office, and must include
Owned, Hired, and Non -Owned Vehicles.
(d) Certificate of Insurance. Certificates of Insurance shall be provided to the
VILLAGE, reflecting the VILLAGE as an Additional Insured, 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 any 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
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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.
(e) Additional Insured. 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 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.
(f)
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.
(g) The provisions of this section shall survive termination of this Agreement.
ARTICLE 7
CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
In order to induce the Village to enter into this Contract, the Contractor makes
the following representations and warranties:
7.1 Contractor represents the following:
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7.1.1 Contractor has examined and carefully studied the Contract Documents
and any other data identified in the bidding documents, including,
without limitation, the "technical data" and plans and specifications.
7.1.2 Contractor has visited the Project site and become familiar with and is
satisfied as to the general and local conditions and site conditions that
may affect cost, progress, performance or furnishing of the Work.
7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local
laws, regulations and permits that may affect cost, progress, performance
and furnishing of the Work. Contractor agrees that it will at all times
comply with all requirements of the foregoing laws, regulations and
permits.
7.1.4 Contractor has made, or caused to be made, examinations,
investigations, tests and/or studies as necessary to determine surface and
subsurface conditions at or on the Project site. Contractor acknowledges
that the Village does not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract
Documents with respect to underground or ground facilities at,
contiguous or near the Project site or for existing improvements at or near
the Project site. Contractor hasobtained and carefully studied (or
assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies
and data concerning conditions (surface, subsurface and underground
facilities and improvements) at, contiguous or near to the Project site or
otherwise which may affect cost, progress, performance or furnishing of
the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed
by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the
Contract Time as specified in Article 2 of this Contract and in accordance
with the other terms and conditions of the Contract Documents.
7.1.5 Contractor is aware of the general nature of Work to be performed by the
Village and others at the Project site that relates to the Work as indicated
in the Contract Documents.
7.1.6 Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Project site,
reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
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7.1.7 Contractor has given Village written notice of all conflicts, errors,
ambiguities or discrepancies that Contractor has discovered in the
Contract Documents and the written resolution thereof by Village is
acceptable to Contactor, and the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
7.1.8 The Contractor agrees and represents that it possesses the requisite skills to
perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be
new and approved by or acceptable to Village, except as otherwise
expressly provided for in the Contract Documents. The Contractor shall
cause all materials and other parts of the Work to be readily available as
and when required or needed for or in connection with the construction,
furnishing and equipping of the Project.
7.2 Contractor warrants the following:
7.2.1 Anti -Discrimination: Contractor agrees that it will not discriminate against
any employees or applicants for employment or against persons for any
other benefit or service under this Contract because of race, color,
religion, sex, national origin, or physical or mental handicap where the
handicap does not affect the ability of an individual to perform in a
position of employment, and agrees to abide by all federal and state laws
regarding non-discrimination.
7.2.2 Anti -Kickback: Contractor warrants that no person has been employed or
retained to solicit or secure this Contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the Village has any interest,
financially or otherwise, in the Project. For breach or violation of this
warranty, the Village shall have the right to annul this Contract without
liability or, in its discretion, to deduct from the Contract Price or
consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
7.2.3 Licensing and Permits: Contractor warrants that it shall have, prior to
commencement of Work under this Contract and at all times during said
Work, all required licenses and permits whether federal, state, County or
Village for performance of the Work. Contractor acknowledges that it is
the obligation of Contractor to obtain all licenses and permits required for
this Project. The permits are:
Village Permits, including Public Works Right -of -Way Permit.
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ARTICLE 8
DEFAULT AND TERMINATION
8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with
sufficient workers and equipment or with sufficient materials to insure the prompt
completion of the Work within the Contract Time as specified in Article 2, or shall
perform the Work unsuitably, or cause it to be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Work pursuant to the
Contract Time, or if the Contractor shall fail to perform any material term set forth
in the Contract Documents, or if Contractor shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Village may,
upon seven (7) days written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site, provide for alternate
prosecution of the Work, appropriate or use any or all materials and equipment
on the Project site as may be suitable and acceptable, and may finish the Work
by whatever methods it may deem expedient. In such case, Contractor shall not
be entitled to receive any further payment until the Project is completed. All
damages, costs and charges incurred by Village, together with the costs of
completing the Project, shall be deducted from any monies due or which may
become due to Contractor. In case the damages and expenses so incurred by
Village shall exceed monies due Contractor from Village, Contractor shall be
liable and shall pay to Village the amount of said excess promptly upon demand
therefore by Village. In the event it is adjudicated that Village was not entitled to
terminate the Contract as described hereunder for default, the Contract shall
automatically be deemed terminated by Village for convenience as described
below.
8.2 This Contract may be terminated by the Village for convenience upon seven (7)
calendar days' written notice to the Contractor. In the event of such a
termination, the Contractor shall incur no further obligations in connection with
the Project and shall, to the extent possible, terminate any outstanding
subcontractor obligations. The Contractor shall be. compensated for all services
performed through the date of termination to the satisfaction of the Village. In
such event, the Contractor shall promptly submit to the Village its Application for
Payment for final payment which shall comply with the provisions of the Contract
Documents.
8.3 Notwithstanding the provisions of Article 16 of the General Conditions and Article
18 of the Supplementary Conditions of the Contract Documents, the Village shall
have the rights of termination set forth in this Section 8 without any requirement
or
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condition precedent that a claim or dispute be subject to dispute resolution
procedures or mediation. The Village shall have the right to terminate the
Contract as set forth in this Section 8 without any requirement for dispute
resolution or mediation.
ARTICLE 9
MISCELLANEOUS
9.1 No Assignment.
Neither party shall assign the Contract or any sub -contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or
to become due to it hereunder, without the previous written consent of the Village
Manager.
9.2 Contractor's Responsibility for Damages and Accidents.
9.2.1 Contractor shall accept full responsibility for the Work against all loss or
damage of any nature sustained until final acceptance by Village, and
shall promptly repair any damage done from any cause.
9.2.2 Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Project. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final acceptance
by Village, Contractor shall replace same without cost to Village.
9.3 Defective Work; Warranty and Guarantee.
9.3.1 Unless otherwise provided for in the Contract Documents, all materials
and equipment incorporated into any Work covered by this Contract shall
be new and of the most suitable grade of their respective kinds for their
intended use, and all workmanship shall be in accordance with
construction practices acceptable to Village. Contractor warrants to
Village all labor, equipment and materials furnished or performed under
this Contract against defects in materials and workmanship. Village shall
have the authority to reject or disapprove Work which the Village finds to
be defective. If required by the Village, Contractor shall promptly either
correct all defective Work or remove such defective Work and replace it
with nondefective Work. Contractor shall bear all direct, indirect and
consequential costs of such removal or corrections, including the cost of
testing laboratories and personnel.
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9.3.2 Should Contractor fail or refuse to remove or correct any defective Work
or to make any necessary repairs in accordance with the requirements of
the Contract Documents within the time indicated in writing by Village's
Project Consultant, Village shall have the authority to cause the defective
Work to be removed or corrected, or make such repairs as may be
necessary, at Contractor's expense. Any expense incurred by Village in
making such removals, corrections or repairs, shall be paid for out of any
monies due or which may become due to Contractor. In the event of
failure of Contractor to make all necessary repairs promptly and fully,
Village may declare Contractor in default.
93.3 The Contractor shall unconditionally warrant and guarantee all labor,
materials and equipment furnished and Work performed, regardless of
whether the same were performed by the Contractor or by any of its
subcontractors, for a period of one (1) year from the date of .Substantial
Completion as required by Florida law, unless longer warrantees or
guarantees are provided for elsewhere in the Contract Documents, in
which case the longer periods of time shall prevail. If, within one (1) year
after the date of substantial completion, any of the Work is found to be
defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from Village, shall promptly
correct such defective or nonconforming Work within the time specified
by Village without cost to Village. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which Contractor might have under the Contract Documents
including but not limited to any claim regarding latent defects.
Contractor shall provide and assign to Village all material and equipment
warranties upon completion of the Work hereunder.
93.4 Failure to reject any defective Work or material shall not in any way
prevent later rejection when such defect is discovered.
9.4 Legal Restrictions and Hours of Work.
Contractor shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of Work and Contractor's general
operations. Contractor shall conduct its operations so as not to interfere with or close
any road, right-of-way or access area, without the written consent of the Village or
governing jurisdiction. Work is anticipated to be performed Monday through Friday in
accordance with the requirements and limitations of applicable law including, without
limitation, Chapter 17 of the Village Code. The Contractor shall not perform Work
beyond the time and days provided herein without the prior written approval of the
Village.
9.5 Examination and Retention of Contractor's Records.
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9.5.1 Village or any of its duly authorized representatives shall, until three (3)
years after final payment under this Contract, have access to and the right to
examine any of the Contractor's books, ledgers, documents, papers, or other
records involving transactions related to this Contract ("Records") for the
purpose of making audit, examination, excerpts, and transcriptions. In addition,
the Contractor agrees to comply specifically with the provisions of Section
119.0701, Florida Statutes.
9.5.2 The Contractor agrees to include in any subcontractor contracts for this
Project corresponding provisions for the benefit of Village providing for retention
and audit of records.
9.5.3 The right to access and examination of records stated herein and in any
subcontracts shall survive termination or expiration of this Contract and continue
until disposition of any mediation, claims, litigation or appeals related to this
Project.
9.5.4 The Village may cancel and terminate this Contract immediately for refusal
by the Contractor to allow access by the Village Manager or his designee to any
Records pertaining to Work performed under this Contact that are subject to the
provisions of Chapter 119, Florida Statutes.
10 No Damages for Delay.
Contractor shall not be entitled to and hereby waives any and all damages or
any claim by reason of delay against Village, and shall have no claim other than for an
extension of time by reason of any delays. Contractor shall not be entitled to an
increase in the Contract Price or payment or compensation of any kind from Village for
direct, indirect, consequential, impact or other costs, expenses or damages, including
but not limited to, lost profits, overhead, costs of acceleration or inefficiency, arising
because of delay, disruption, interference or hindrance from any cause whatsoever,
whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether
or not caused by Village. Contractor shall be entitled only to extensions of the Contract
Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the
above, Contractor may be granted an extension of time and suspension of liquidated
damages for any delay beyond the reasonable control of the Contractor. Should any
delay, disruption, interference or hindrance be solely and intentionally caused by the
Village, for a continuous period or cumulative period of thirty (30) days, the Contractor
may terminate the Contract upon fifteen (15) days written notice to the Village.
9.7 Authorized Representative.
00500-13
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne FIB 2018-01-03
9.7.1 Before commencing the Work, Contractor shall designate a competent,
authorized representative ("Authorized Representative") acceptable to
Village to represent and act for Contractor and shall inform Village, in
writing, of the name and address of such representative together with a
clear definition of the scope of his authority to represent and act for
Contractor. Contractor shall keep Village informed of any subsequent
changes in the foregoing. Such representative shall be present or duly
represented at the Project site at all times when Work is actually in
progress. All notices, determinations, instructions and other
communications given to the authorized representatives of Contractor
shall be binding upon the Contractor.
9.7.2 The Authorized Representative, project managers, superintendents and
supervisors for the Project are all subject to prior and continuous approval
of Village. If, at any time during the term of this Contract, any of the
personnel either functionally or nominally performing any of the positions
named above, are, for any reasonable cause whatsoever, unacceptable
to Village, Contractor shall replace the unacceptable personnel with
personnel acceptable to Village.
9.8 Taxes.
Contractor shall pay all taxes, levies, duties and assessments of every nature
which may be applicable to any Work under this Contract. The Contract Price and any
agreed variations thereof shall include all taxes imposed by law at the time of this
Contract. Contractor shall make any and all payroll deductions required by law.
Contractor herein indemnifies and holds Owner harmless from any liability on account
of any and all such taxes, levies, duties and assessments.
9.9 Utilities.
Contractor shall, at its expense, arrangefor, develop and maintain all utilities at
the Project to perform the work and meet the requirements of this Contract. Such
utilities shall be furnished by Contractor at no additional cost to Village. Prior to final
acceptance of the Work, Contractor shall, at its expense, satisfactorily remove and
dispose of all temporary utilities developed to meet the requirements of this Contract.
9.10 Safety.
Contractor shall be fully and solely responsible for safety and conducting all
operations under this Contract at all times in such a manner as to avoid the risk of
bodily harm to persons and damage to property. Contractor shall continually and
diligently inspect all Work, materials and equipment to discover any conditions which
might involve such risks and shall be solely responsible for discovery and correction of
any such conditions. Contractor shall have sole responsibility for implementing its safety
00500-14
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
program. Village shall not be responsible for supervising the implementation of
Contractor's safety program, and shall not have responsibility for the safety of
Contractor's or its subcontractor's employees. Contractor shall maintain all portions of
the Project site and Work in a neat, clean and sanitary condition at all times. Contractor
shall assure that subcontractors performing Work comply with the foregoing safety
requirements.
9.11 Cleaning Up.
Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean
and safe condition. Upon completion of any portion of the Work, Contractor shall
promptly remove all of its equipment, construction materials, temporary structures and
surplus materials not to be used at or near the same location during later stages of
Work. Upon completion of the Work and before final payment is made, Contractor
shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other
equipment and materials belonging to it or used in the performance of the Work and
Contractor shall leave the Project in a neat, clean and safe condition. In the event of
Contractor's failure to comply with the foregoing, the same may be accomplished by
Village at Contractor's expense.
9.12 Rights and Remedies.
The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder and in accordance with this Contract shall be in
addition to and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law.
9.13 Public Entity Crimes Affidavit.
Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity
Crimes Statute) notification of which is hereby incorporated by reference, including
execution of any required affidavit.
9.14 Capitalized Terms.
Capitalized terms shall have their plain meaning as indicated herein.
9.15 Independent Contractor.
The Contractor is an independent contractor under this Contract. This Contract
does not create any partnership nor joint venture. Services provided by the Contractor
shall be by employees of the Contractor and subject to supervision by the Contractor,
and not as officers, employees, or agents of the Village. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing
00500- 15
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
policies and other similar administrative procedures, applicable to services rendered
under the Contract shall be those of the Contractor.
9.16 Payment to Sub -Contractors.
Certification of Payment to Subcontractors: The term "subcontractor", as used
herein, includes persons or firms furnishing labor, materials or equipment incorporated
into or to be incorporated into the Work or Project. The Contractor is required to pay all
subcontractors for satisfactory performance of their contracts as a condition precedent
to payment to Contractor by the Village. The Contractor shall also return all retainage
withheld to the subcontractors within 30 days after the subcontractor's work is
satisfactorily complete and accepted by the Village.
9.17 Liens
Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be
filed against the Project site or any part thereof by reason of any Work, labor, services or
materials supplied or claimed to have been supplied to the Project. In the event such a
lien is found or claimed against the Project, Contractor shall within ten (10) days after
notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be
recorded in the public records of Miami -Dade County, Florida, or cause such lien to be
transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of
Miami -Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In
the event Contractor fails to so discharge or bond the lien or liens within such period as
required above, Village shall thereafter have the right, but not the obligation, to
discharge or bond the lien or liens. Additionally, Village shall thereafter have the right,
but not the obligation, to retain out of any payment then due or to become due
Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay
Village's reasonable attorneys' fees and costs incurred in connection therewith.
9.18 Governing Law.
This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be
proper exclusively in Miami -Dade County, Florida.
9.19 Waiver of Jury Trial.
Village and Contractor knowingly, irrevocably, voluntarily and intentionally
waive any right either may have to a trial by jury in State and or Federal court
proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon
the Contract for Construction, arising out of, under, or in connection with the
Construction of the Work, or any course of conduct, course of dealing, statements or
actions or inactions of any party.
00500-16
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
9.21 Prevailing Party; Attorneys' Fees.
9.20 Notices/Authorized Representatives.
Any notices required by this Contract shall be in writing and shall be deemed to
have been properly given if transmitted by hand -delivery, by registered or certified mail
with postage prepaid return receipt requested, or by a private postal service,
addressed to the parties (or their successors) at the following addresses:
For the Village:
John C. Gilbert
Village Manager
88 W. McIntyre Street
Key Biscayne, Florida 33149
With a copy to: Stephen Helfman, Esq.
Village Attorney
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Blvd.
Coral Gables, Florida 33134
For The Contractor: gin+he 0. o rha✓ 7rar1
lerde
Ac,O. M• Con.s4-seit .,,,,2,c..
&990 A .[Au • 117 '.
14 tai -44 &a ra¢a.,.27 f L 33018
In the event of any controversy, claim, dispute or litigation between the parties
arising from or relating to this Contract (including, but not limited to, the enforcement of
any indemnity provisions), the prevailing party shall be entitled to recover reasonable
costs, expenses and attorneys' fees including, but not limited to, court costs and other
expenses through all appellate levels.
SIGNATURE PAGES FOLLOW ON THE NEXT PAGES
00500-17
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract
on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA,
signing by and through its Village Manager authorized to execute same by Council
action
on the and
and through
same.
Attest:
lage Clerk Ad/ \C�j•hn C. filbert, Vi lage Manager
VILLAGE:
, signing by
duly authorized to execute
Village of Key Biscayne, Florida, a Florida
municipal corporation
Approved as to Form
and Legal Sufficiency:
00500- 18
Village Attorney
Project Manual for Fernwood Rood Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION
FORMAT, AS APPLICABLE.
ATTEST:
(Secretary)
00500- 19
CONTRACTOR:
it, O. /Li. Cbr.s--irtS.c , f1nc-.
By:
Name:
Title:
bee -1-0 G , 0P11i
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
SECTION 00300
PROPOSAL
FERNWOOD ROAD LIGHTING IMPROVEMENTS
VILLAGE OF KEY BISCAYNE, FLORIDA
Village Clerk's Office
Village of Key Biscayne Village Hall
88 W. McIntyre Street
Key Biscayne, Florida 33149
The undersigned, as Bidder, hereby declares that the only person or persons
interested in the Proposal, as principal or principals, is or are named herein and that no
other person than herein mentioned has any interest in the Proposal of the Contract to
which the work pertains; that this Proposal is made without connection or arrangement
with any other person, company, or parties making a bid or proposal and that the
Proposal is in all respects fair and made in good faith without collusion or fraud.
The Bidder certifies that the bidder is not a nonresident alien, or a foreign
corporation/entity formed under the laws of a country other than the United States.
The Bidder further declares that he has examined the site of the work and that from
personal knowledge and experience, or that he has made sufficient observations of the
conditions of the proposed Project Site to satisfy himself that such site is a correct and
suitable one for this work and he assumes full responsibility therefore, that he has
examined the Drawings and Specifications for the work and from his own experience or
from professional advice that the Drawings, including bid item quantities, and
Specifications are sufficient for the work to be done and he has examined the other
Contractual Documents relating thereto, including the Notice of Bid Invitation,
Instructions to Bidders, Proposal, Contract, General Conditions, Supplementary
Conditions, Special Conditions, Technical Specifications, Drawings and has read all
addenda prior to the receipt of bids, and that he has satisfied himself fully, relative to all
matters and conditions with respect to the work to which this Proposal pertains.
The Bidder proposes and agrees, if this Proposal is accepted, to contract with the
Village of Key Biscayne (Owner), in the form of contract specified, to furnish all
necessary materials, all equipment, all necessary machinery, tools, apparatus, means of
transportation, and labor necessary to complete the work specified in the Proposal and
the Contract, and called for by the Drawings and Specifications and in the manner
specified.
The Bidder further proposes and agrees to comply in all respects with the time limits for
commencement and completion of the work as stated in the Contract Form.
The Bidder further agrees that the deductions for liquidated damages, as stated in the
Contract Form, constitute fixed, agreed, and liquidated damages to reimburse the
00300- 1
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
Owner for additional costs to the Owner resulting from the work not being completed
within the time limit stated in the Contract Form.
Payment Bonds each in the amount of one -hundred percent of the Contract price,
within ten (10) consecutive calendar days after written notice being given by the
Owner of the award of the Contract, and the undersigned agrees that in case of failure
on his part to execute the said Contract and Performance and Payment Bonds within
the ten (10) consecutive calendar days after the award of the Contract, the cashier's
check or Bid Bond accompanying his bid and the money payable thereon shall be
paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the
check accompanying the Proposal shall be returned to the undersigned after the
Contract is signed and the Performance and Payment Bonds are filed.
The undersigned agrees to accept in full compensation therefore the total of the lump
sum prices for the items named in the following schedule, based on the pan quantities
contained within this bid form. Furthermore, the undersigned has checked these
quantities and agrees that bid quantities are correct and adequate to complete the
job in its entirety, as described in the contract document.
Bidder's Certificate of Competency No. EC /3 Q, 2. #
Bidder's Occupational License No.
Acknowledgement is hereby made of the following Addenda received since issuance
of the Project Manual:
Addendum No. I Dated: OZ/OS/ZOI‘ Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Addendum No. Dated: Addendum No. Dated:
Attached hereto is a cashier's check on the
See• ".„f7oiGAea/ „fki loiehank of
or Bid Bond for the sum of
Dollars
($ ), made payable to the village of Key Biscayne, Florida.
00300- 2
Project Manual for Femwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
fr
/0/i I: G L.S.
(Name of Bidder) (Affix Seal)
L.S.
(Sign
4.e. 5 lc/6'n ! L.S.
(Title of Officer)
Address:
(Affix Seal)
gq.SO ,tz(z //15 -7 -
City: 2-';tA G.�rcien 5 State: ,Z J0/
The full names and residences of persons and firms interested in the foregoing bid,
as principals are as follows:
f-�Uwr ,de -t-7 &r f/
.2 ArhtlifiG �4� �vh fry
Z's/es/ 331��
Name of the executive who will give personal attention to the work:
/%Um,ler t fi ..
00300- 3
Project Manual for Fernwood Road Lighting Improvements
Village of Key Biscayne ITB 2018-01-03
LIST OF MAJOR SUB -CONTRACTORS
Bidders are required to list with the Proposal, on this sheet all major sub -contractors
included for the prosecution of the work. Failure to complete the list may be cause for
declaring the Proposal irregular.
The successful bidder shall employ the sub -contractors listed hereunder for the class of
work indicated, which list shall not be modified in any way without the written consent
of the Village of Key Biscayne.
The Bidder expressly agrees that:
1. If awarded a contract as a result of this proposal, the major sub -contractors
used in the prosecution of the work will be those listed below.
2. The Bidder represents that the sub -contractors listed below are
financially responsible and are qualified to do the work required.
CATEGORY OR
CLASS OF WORK
e.
NAME OF SUB-CONTRATOR ADDRESS
00300- 4
Project Manual for Femwood Rood Lighting Improvements
village of Key Biscayne ;TB 2018-0] -03
FERNWOOD ROAD IMPROVEMENTS
Village of Key Biscayne, Florida
EAC Project No. 16008-MU01-06
SID FORM
Bid unit prices stated in this proposal include all costs and expenses for labor,
equipment, materials, contractor's overhead and profit. Unit prices for the various work
items are intended to establish a total price for completing the project in its entirety.
The Contractor shall include in the Bid price any work item and materials for which a
separate pay item has not been included in the Bid Form. All work and incidental costs
shall be included for payment under the several scheduled items of the overall
contract, and no separate payment will be made therefore.
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
ELECTRICAL (E) ITEMS
E-1
9.5' Light poles complete
14
EA.
5 200. 00
12, g20 00
E-2
Pull boxes including ground rod and
conduit to light pole (where required)
44
EA.
5.00. 00
22,000- 00
E-3
i 4.5 Light poles complete
26
EA.
5 35o. 00
139, /0000
E-4
2" Schedule 40 PVC Conduit
inciuding wiring; ins -toffee
4650
L.F. /
00
69, 50.oc
E-5
Lighting load center complete
1
EA.
12,25.0-00
12,250.00
Subtotal E -items
315 900.01
GENERAL ITEMS
G-1
Mobilization
1
L.S.
5 &eV.00
S,G20 02
500.00
r
`'
Erosion, sedimentation and dust
control
r
7Or 00
G-3
Maintenance of traffic, including
traffic control, pedestrian and
vehicular access, signs, barricades
and flaggers, and off -duty police
officer, as required by Engineer,
County and/or Village
1
L -S.
SOO. 00
S6'('/-00
00300- 5
Project Manua! for = rnwocd ?cad Lighting !rnprovemen's
Village of Key Biscayne ITB 2018-01-03
G-4
Restoration (sod, sidewalk)
1
L.S.
/2O.2 00
/ 000.00
3-5
Performance & Payment Bond
1
L.S.
$000-00
5000.00
/OO, 00
G-6
Safety Act
1
L.S.
/00 00
G-7
Advance exploration of existing
utilities
1
L.S.
.500.Oo
•QO.00
G-8
Record As -built drawings
1
L.S.
e/IY 7T
yq9 71
G-9
Contingency
1
L.S.
$15,000
$15,000
Subtotal G -Items
2 g/ Ogq 9
Grand Total
n . n
7,1/4 / gcyq
_
gam ber D 4 -17 -
-
Name
Name of Bidder
Sig
re of Bidder
GRAND TOTAL (BASE BID) IN FIGURES (LUMP SUM):
$ 3e/ 997. ?"1
GRAND TOTAL (BASE BID) WRITTEN: /4r- -4r5.-`{-itreer- ousa-,i.k_
/ime. �urLtLyeke4 elm e n«ely-r,/PLO- C. e1716.
BIDDER: /'"r • !/ r" 6:94 yii ?,/G/ r/Ofl/ 174 G
By: /4‘'�-r ties- 7o 4-4.
Title: � side I t
Telephone 305- gjr6'4/0C'
00300- 6
Fax