HomeMy Public PortalAbout2007-50 Gorgeous Lawns' AgreementRESOLUTION NO. 2007-50
A CAPITAL PROJECT AUTHORIZING RESOLUTION OF
THE VILLAGE COUNCIL OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, CONCERNING THE PROVISION
AND INSTALLATION OF LANDSCAPE AND IRRIGATION
IMPROVEMENTS FOR HARBOR DRIVE (THE
"PROJECT"); AWARDING PROJECT WORK TO
GORGEOUS LAWNS INC., (THE "CONTRACTOR")
AUTHORIZING VILLAGE MANAGER TO EXECUTE THE
CONTRACT FOR THE PROJECT; AUTHORIZING
EXPENDITURE OF FUNDS; AUTHORIZING
IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village Council, upon the recommendation of the Village Manager,
desires to provide landscape and irrigation improvements for Harbor Drive (the "Project") as
described in the specifications prepared by Rosenberg Gardner Design serving as landscape architect
as sub -consultant to C3TS (the "Village's Project Engineer") pursuant to the lowest responsible,
responsive proposal received pursuant to a competitive quotations solicitation for the Project, as
received from Gorgeous Lawns, Inc., (the "Contractor"); and
WHEREAS, in light of the need to expeditiously complete the Project, and the circumstance
that the cost of the work is well below statutory formal sealed competitive bid thresholds, the Village
Council finds that more formal competitive bidding is impractical and is hereby waived, as
authorized by Village Code Section 2-85; and
WHEREAS, the Village Council finds that Project is necessary for the enhancement of
public landscaping and irrigation purposes and is in the best interests of the Village.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Capital Project Authorizing Resolution. That pursuant to Village Charter
Section 3.07(b), this Resolution shall constitute a Capital Project Authorizing Resolution. The
Capital Project is the provision and installation of the above described improvements of the Project
at a cost of One Hundred Six Thousand Nine Hundred Seventy One and 00/100 ($106,971) Dollars.
Section 3. Project Authorized: Work Authorization Approved.
A. That the Project is hereby authorized. The Project is further described in the
Specifications and Plans prepared by the Village's Project Engineer.
B. That the Village Council hereby authorizes the Village Manager to provide
for the implementation and completion of the Project for a cost which is consistent with this
Resolution, to be funded from the funding source which is identified in the Village Manager's
memorandum which accompanies this Resolution.
C. That the Village Manager is hereby authorized to execute the Contract for the
Project (the "Contract") in substantially the form which is attached hereto, once the Contract is
approved by the Village Attorney as to form and legal sufficiency.
D. That the Village Manager is authorized to expend Village funds for the
accomplishment of the Project in accordance with Village budget appropriations and this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 23rd day of October, 2007.
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VILLAGE OF KEY BISCAYNE
Office of the Village Manager
Village Council
Robert L. Vernon, Mayor
Jorge E Mendia, Vice Mayor
Michael Davey
Enrique Garcia
Steve Liedman
Thomas Thornton
Patricia Weinman
Village Manager
Genaro "Chip" Iglesias
DATE: October 15, 2007
TO: Honorable Mayor and Members of the Villa ouncil
FROM: Genaro "Chip" Iglesias, Village Manager
RE: Harbor Drive Improvements — Landscaping
RECOMMENDATION
It is recommended that the Village Council award the bid and contract submitted by Gorgeous
Lawns, Inc. for the landscaping portion of the Harbor Drive Improvements Project in the amount
of one hundred six thousand, nine hundred seventy one dollars ($106,971.00), attached hereto.
BACKGROUND
Bill Rosenberg, landscape architect for C3TS (the Village's Project Engineer) in conjunction with
the Landscaping Committee, prepared biddable specifications for the project. The Village
obtained three bids and is recommending the lowest responsible bidder.
The awarded party, which is the lowest responsible bidder, will be responsible for all labor,
material and equipment needed for the project. The funding for this project was set aside during
the budgeting process for fiscal year 2007, under Capital Improvements. The landscaping
portion of the Harbor Drive Improvement Project consists of:
• All vegetative materials: trees, palms, shrubs/groundcover, sod, mulch and planting soil
• Planting, removal and relocation
• Irrigation system
The duration of this project shall be for ninety days (90) days, commencing upon approval.
cc: Randy White, Village Finance Director
David M. Wolpin, Esq., Village Attorney
88 West McIntyre Street • Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
MISSION S I VI I All N I 10 PR(>A IDI \ ',NI! QI 11111 ( ( )MIMUNI I1 I NV IRONMA N I I OR \II ISI AADI RS IIIR(IIN(,I I RFSPUASIIMI F (,01 I RNMII N I
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19495 SW 210 STREET
FL012II A 33187
PHONE= (305) 251-7319
PROPOSAL
VILAGE OF KEY BISCAYNE
KEY BISCAYNE FL 33149
HARBOR DRIVE PROJECT
DESCRIPTION
CALLOPHYLLUM BRAZILIENSE 12' X 6' X 2"
COCOPLUM 3G 24 X 24
CHORISIA SPECIOSA 14' X 6' X3
GREEN MAYLAY COCONUT 25' OVERALL 8' GRAY
GREEN MAYLAY COCONUT 20' TALL MIN 3' GRAY
HAMELIA CUPREA FIREBALL 3G 24 X 18
HALIANTHUS DEBILIS
LYSILOMA LATISILIQUA
SABOL PALMETTO
WODYETIA BIFUCATA
ZAMIA PUMILA
RAIN LILY
MELALEUCA MULCH
SOD PALLETS
SPRINKLER SYSTEM
RELOCATE & REMOVE EXISTING TREES
PLANTING SOIL
1G
14'X16'X6
14' OVERALL BOOTED
16' OVERALL
3G
1G
QUANTITY
PRICE
AMOUNT
10
$ 235.00
$ 2,350.00
63
$ 7.00
$ 441.00
18
$ 280.00
$ 5,040.00
16
$ 1,200.00
$ 19,200.00
16
$ 500.00
$ 8,000.00
72
$ 7.00
$ 504.00
213
$ 4.00
$ 852.00
28
$ 440.00
$ 12,320.00
5
$ 180.00
$ 900.00
4
$ 385.00
$ 1,540.00
24
$ 20.00
$ 480.00
378
$ 4.80
$ 1,814.40
$ 2,000.00
$ 2,000.00
40
$ 210.00
$ 8,400.00
$ 39,200.00
$ 39,200.00
$ 2,500.00
$ 2,500.00
5
$ 250.00
$ 1,250.00
ALL OF THE SERVICES MENTIONED ABOVE WILL BE RENDERED FOR THE TOTAL PRICE OF $ 106,971.00
Signed: �P /S:n _-
Jesus Rodnguez, President
I accept the terms and conditions of this proposal
Name: Date:
Signature:
CONTRACT
THIS AGREEMENT, made and entered into this 23 day of October 2007, by and between the Village
of Key Biscayne, party of the first part (hereinafter sometimes called the "OWNER"), and Gorgeous Lawns,
Inc., party of the second part (hereinafter sometimes called the "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as
follows:
1.01 SCOPE OF THE WORK
A. The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus,
and transportation and perform all of the Work shown on the Drawings and described in the
Specifications entitled:
The Village of Key Biscayne
Landscape and Irrigation Improvements for Harbor Drive (the "Project"),
as prepared by Rosenberg Gardner Design, as subconsultant to C3Ts, acting as, and
entitled the ENGINEER, and shall do everything required by this Contract and the other
Specifications and Plans.
The work is described in the Specifications, Plans and Proposal, and this Contract, which
together constitute the Contract Documents.
1.02 THE CONTRACT SUM
A. The OWNER shall pay to the CONTRACTOR for the faithful performance of the Contract, in
lawful money of the United States, and subject to addition and deductions as provided in the
Contract Documents, as follows:
Based upon the prices shown in the Proposal heretofore submitted to the OWNER by the
CONTRACTOR, a copy of said Proposal being a part of these Contract Documents, the
aggregate amount of this Contract (obtained from either the lump sum price, the application of
unit prices to the quantities shown in the Proposal, or the combination of both) being the sum
of:
ONE HUNDRED SIX THOUSAND NINE HUNDRED SEVENTY ONE ($106,971)
DOLLARS
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The CONTRACTOR shall commence Work and the Contract Time will commence to run on the
date fixed in the Notice to Proceed.
B. The CONTRACTOR shall prosecute the Work with faithfulness and diligence and shall
substantially complete the Work not later than ninety (90) calendar days after the
Contract for Harbor Drive Landscape 1 Village of Key Biscayne
July 2007
commencement date as fixed in the Notice to Proceed. The Work shall be completed within
sixty (60) calendar days from the date certified by ENGINEER as the date of Substantial
Completion.
1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The CONTRACTOR hereby agrees that, by virtue of submitting a completed Proposal
including his declarations therein of full satisfaction, knowledge and understanding of the Plans
and Specifications, site conditions (surface and subsurface) and all other conditions affecting the
Work, he assumes full responsibility for performance of the Work as required under this
Contract. It is expressly agreed that under no circumstances, conditions or situations shall this
Contract be more strongly construed against the OWNER than against the CONTRACTOR.
B. It is understood and agreed that the passing, approval and/or acceptance of any part of the Work
or material by the OWNER, ENGINEER, or by any agent or representative, as being in
compliance with the terms of this Contract and/or of the Contract Documents, shall not operate
as a waiver by the OWNER of strict compliance with the terms of this Contract, and/or the
Contract Documents covering said work; and the OWNER may require the CONTRACTOR to
repair, replace, restore and/or make to comply strictly and in all things with this Contract and the
Contract Documents any and all of said Work and/or materials which within a period of one
year from and after the date of the acceptance of any such Work or material, are found to be
defective or to fail in any way to comply with this Contract or with the Contract Documents.
This provision shall not apply to materials or equipment normally expected to deteriorate or
wear out and become subject to normal repair and replacement before their condition is
discovered. The CONTRACTOR shall not be required to do normal maintenance work under
the guarantee provisions. Failure on the part of the CONTRACTOR and/or his Surety,
immediately after Notice to either, to repair or replace any such defective materials and
workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover
the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his
surety, who shall in any event be jointly and severally liable to the OWNER for all damage, loss
and expense caused to the OWNER by reason of the CONTRACTOR's breach of this Contract
and/or his failure to comply strictly and in all things with this Contract.
1.05 LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and should the CONTRACTOR
fail to complete the work within the specified time, or any authorized extension thereof, there
shall be deducted from the compensation otherwise to be paid to the CONTRACTOR, and the
OWNER will retain the amount of Two Hundred ($200) Dollars per calendar day until
substantial completion, as fixed, agreed, and liquidated damages for each calendar day elapsing
beyond the specified time for completion or any authorized extension thereof. After substantial
completion, should CONTRACTOR fail to complete the remaining work within the time
specified in Section 1.03 above, the OWNER will retain the sum of Two Hundred ($200)
Dollars per calendar day until completion. These amounts shall represent the actual damages
which the OWNER will have sustained by failure of the CONTRACTOR to complete the work
within the specified time; it being further agreed that said sum is not penalty, but is the
Contract for Harbor Drive Landscape 2 Village of Key Biscayne
July 2007
stipulated amount of damages sustained by the OWNER in the event of such default by the
CONTRACTOR.
B. For the purposes of this Article, the day of final acceptance of the work shall be considered a
day of delay, and the scheduled day of completion of the work shall be considered a day
scheduled for production.
1.06 REIMBURSEMENT OF ENGINEERING EXPENSES
A. Should the completion of the Contract be delayed beyond the specified or adjusted time limit,
Contractor shall reimburse Owner for all expenses of engineering and inspection incurred by
Owner during the period between said specified or adjusted time and the actual date of
substantial completion. All such expenses for engineering and inspection incurred by owner will
be charged to Contractor and be deducted from payments due Contractor as provided by this
Contract. Said expenses shall be further defined as engineers charges associated with the
construction contract project management, including resident project representative costs.
These expenses are not included in the daily rate for liquidated damages as defined in Article
1.05 of this Contract. These are additional expenses to be paid whether or not the liquidated
damages are assessed.
1.07 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows:
1. Within 30 days after receipt by the OWNER of the CONTRACTOR's request for
partial payment, the OWNER shall make partial payments to the CONTRACTOR, on
the basis of the estimate of Work as approved by the ENGINEER, for work performed
during the preceding calendar month, less ten percent (10%) of the amount of such
estimate which is to be retained by the OWNER until all work has been performed
strictly in accordance with this Agreement and until such work has been accepted by the
OWNER.
2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that
all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the Work have been paid in full, and also, after all
guarantees that may be required in the specifications have been furnished and are found
acceptable by the OWNER, final payment on account of this Agreement shall be made
within sixty (60) days after completion by the CONTRACTOR of all Work covered by
this Agreement and acceptance of such work by the OWNER.
1.08 BOND Exemption.
A. In light of the cost of the work, CONTRACTOR shall not be required to provide and post with
Village a statutory Payment and Performance Bond, pursuant to the exemption authorized to be
granted by the Village under Sec. 255.05, Florida Statutes.
Contract for Harbor Drive Landscape 3 Village of Key Biscayne
July 2007
1.09 CONTRACT DOCUMENTS
A. The Contract Documents which comprise the entire agreement between the Village and the Contractor
concerning the Work consist of this Contract for Construction, the Drawings, Plans and
Specifications, the Invitation for Proposals, the Addenda, Insurance Certificates, the Notice of
Award, the Notice to Proceed, any Change Orders and any other Contract Documents, not specifically
listed herein which shall be considered incorporated into and made a part of this Contract by this
reference and shall govern this Project. Contractor is reminded and hereby recognizes that all Work
under this contract must comply with applicable federal, state, and Miami- Dade County regulations.
Any mandatory clauses which are required by such federal, state and county regulations shall be
deemed to be incorporated herein immediately upon Village's written request.
B. This document 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.
This Contract shall not affect or impair the existing landscape maintenance services agreement which
exists between the parties.
C. 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; provided; however,
that in no event shall the Contractor use, or permit to be used, any or all of such Contract Documents
on other Projects without the Village's prior written authorization.
1.10 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 -
1.11 ASSIGNMENT
Neither party shall assign the Contract or any sub -contract in whole or in part without the written consent ofthe
other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous
written consent of the Village Manager.
1.12 MISCELLANEOUS
1.12.1 Insurance Requirements:
Contractor shall provide and maintain in force until all the Work to be performed under this Contract
has been completed and accepted by Village (or for such duration as is otherwise specified
Contract for Harbor Drive Landscape 4 Village of Key Biscayne
July 2007
hereinafter), the insurance coverages set forth:
1.12.1.a Workers' Compensation insurance at the statutory amount to apply for all
employees in compliance with the "Workers' Compensation Law" of the State of Florida and all
applicable federal laws. In addition, the policy(ies) must include: Employers' Liability at the statutory
coverage amount. The Contractor shall further insure that all of its subcontractors maintain
appropriate levels of worker's compensation insurance.
1.12.1.b Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of
the Comprehensive General Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
1.12.1.b(1) Premises and/or Operations.
1.12.1.b(2) Independent Contractors.
1.12.1.b(3) Products and/or Completed Operations Hazard.
1.12.1.b(4) Explosion, Collapse and Underground Hazard Coverages.
1.12.1.b(5) Broad Form Property Damage.
1.12.1.b(6) Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
1.12.1.b(7)
Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
1.12.1.b(8) Village is to be expressly included as an Additional Insured on
the above -referenced Policies.
1.12.1.c Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of
the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
1.12.1.c(1) Owned Vehicles.
1.12.1.c(2) Hired and Non -Owned Vehicles.
1.12.1.c(3) Employers' Non -Ownership.
The Village is to be expressly included as an additional insured on the policy.
Contract for Harbor Drive Landscape 5 Village of Key Biscayne
July 2007
1.12.1.d Builder's Risk Insurance. The coverage shall be "All Risk" coverage for 100
percent of the completed value, covering the Village, as a named insured, with a deductible of not
more than Five Thousand Dollars ($5,000.00) per claim and the Contractor specifically agrees to pay
all deductibles. The Policy must be endorsed to provide that the Builder's Risk coverage will continue
to apply until final acceptance of the Project by Village.
1.12.1.e The Contractor shall either require each of it's Subcontractors to procure and to
maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability
Insurance of the type and in the same amounts specified above or insure the activities of it's
Subcontractors in the Contractor's own policies.
1.12.1.f If the initial insurance expires prior to the completion of the Work, renewal copies
of policies shall be furnished at least thirty (30) days prior to the date of their expiration.
1.12.1.g Notice of Cancellation and/or Restriction -The policy(ies) must be endorsed to
provide the Village with at least thirty (30) days notice of cancellation and/or restriction.
1.12.1.h Contractor shall furnish to the Contract Administrator Certificates of Insurance or
endorsements evidencing the insurance coverage specified above within ten (10) calendar days after
Notification of Award of the Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such insurance is as required by this
Contract.
1.12.1.i All deductibles must be declared by Contractor and must be approved by the
Village.
1.12.2 Village's Right To Terminate Contract
A. 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, or shall perform the Work unsuitably, or cause it to be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted
schedule or if the Contractor shall fail to 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 and take the prosecution of the Work
out of the hands of Contractor, and use any or all materials on the Project site which have
been paid for by the Village, 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 the unpaid balance, then Contractor shall be liable and
shall pay to Village the amount of said excess.
Contract for Harbor Drive Landscape 6 Village of Key Biscayne
July 2007
B. Contractor agrees that in the event that a initiative measure is adopted at an election by the
majority of the electors of the Village voting on such measure, which operates to prohibit the
construction of the Project in accordance with the Plans; the Village Council shall have the
authority, within thirty (30) days after any such event, to terminate the Contract by providing
written notice of termination to the Contractor. In the event of such termination, the Village
shall not be liable to Contractor for payment of any supplemental compensation, penalties,
damages, loss of profits, termination fee or demobilization fee as a result of such
termination, and the Contractor shall only be paid by the Village in accordance with the
Contract, for the portion of the Work for the Project which has been performed by
Contractor up to the time of notice of termination of the Contract. The Contractor shall be
entitled to recover from the Village payment for proven loss with respect to materials,
equipment, tools, and construction equipment and machinery, including reasonable
overhead, and profit earned on the Project prior to the date of termination.
1.12.3 Contractor to Check Plans, Specifications and Data
Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or
other data received from Village's Project Engineer, and shall notify Village's Project Engineer in
writing of all errors, omissions and discrepancies found therein within three (3) calendar days of
discovery and Village's Project Engineer will promptly review the same. Any Work done after such
discovery, but prior to written authorization of the Village's Project Engineer, will be done at the
Contractor's sole risk.
1.12.4 Contractor's Responsibility for Damages and Accidents
A. 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.
B. 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.
1.12.5 Defective Work/Guarantee
A. 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
cost of testing laboratories and personnel.
B. 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 tCnioved or corrected, or make such repairs as may be
Contract for Harbor Drive Landscape 7 Village of Key Biscayne
July 2007
necessary at Contractor's expense. Any expense incurred by Village in making such
einovals, 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.
C. The Contractor shall unconditionally guarantee all materials and equipment furnished and
Work performed for a period of one (1) year from the date of substantial completion. 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.
D. Failure to reject any defective Work or material shall not in any way prevent later rejection
when such defect is discovered.
1.12.6 Legal Restrictions and Traffic Provisions
Contractor shall conform to and obey all applicable laws, regulations, or ordinances with regard to
labor employed, hours of Work and Contractor's general operations. Contractor shall conduct its
operations so as not to interfere with or close any thoroughfare, except as provided for in the Contract
Documents, without the written consent of the proper authorities.
1.12.7 Examination and retention of Contractor's Records
A. The Village or any of their duly authorized representatives shall, until 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 for the purpose of making audit, examination, excerpts, and transcriptions.
B. The Contractor agrees to include in first -tier subcontracts under this contract a clause
substantially the same as subparagraph 1.12.7.A above. "Subcontract," as used in this
clause, excludes purchase orders not exceeding $10,000.
C. The right to access and examination of records in subparagraph 1.12.7.A shall continue
until disposition of any mediation, claims, litigation or appeals.
1.12.8 No Damages for Delay
No claim for damages or any claim, other than for an extension of time shall be made or asserted
against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract
Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact
or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency,
arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether
such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable. Contractor shall be entitled only to extensions of the
Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above,
Contract for Harbor Drive Landscape 8 Village of Key Biscayne
July 2007
and in accordance with the requirements of Article 12 of the General Conditions, the Contractor shall
be granted an extension of time and suspension of liquidated damages for any delay beyond the
control of the Contractor. Should any delay, disruption, interference or hindrance be caused by the
Village, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate
the Contract upon seven days written notice to the Village.
1.12.9 Public Entity 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.
1.12.10 Indemnification
Contractor shall indemnify and hold harmless Village, Village's officers and employees and 'Village's
Project Engineer and its officers and employees, from liabilities, damages, losses and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the
performance of the Agreement.
1.12.11 Capitalized Terms
Capitalized terms shall have their plain meaning as indicated herein.
1.12.12 Independent Contractor
The Contractor is an independent contractor under the Contract. 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 policies and other similar administrative
procedures, applicable to services rendered under the Contract shall be those of the Contractor.
1.12.13 Payment to Sub -contractors
Certification of Payment to Subcontractors: The term "subcontractor", as used herein, includes
persons or firms furnishing materials or equipment incorporated into the work or stockpiled for which
the Village made partial payment and firms working under equipment -rental agreements. The
Contractor is required to pay all subcontractors for satisfactory performance of their Contracts before
the Village will make a further progress (partial) payment. The Contractor shall also return all
retainage withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily
complete, as determined by the Village. Prior to receipt of any progress (partial) payment, the prime
contractor shall certify that all subcontractors having an interest in the Contract were paid for
satisfactory performance of their Contracts and that the retainage is returned to subcontractors within
30 days after satisfactory completion of the subcontractor's work. Contractor shall provide this
Contract for Harbor Drive Landscape 9 Village of Key Biscayne
July 2007
certification in the form designated by the Village.
The Village will not make any progress payments after the initial partial payment until the Contractor
completes the Equal Opportunity monthly report, unless the Contractor demonstrates good cause for
not making any required payment and furnishes written notification of any such good cause to both
the Village and the affected subcontractors and suppliers.
Within 30 days of the Contractor's receipt of the final progress payment or any other payments
thereafter, except the final payment, the Contractor shall pay all subcontractors and suppliers having
an interest in the Contract for all work completed and materials furnished. The Village will honor an
exception to the above when the Contractor demonstrates good cause for not making any required
payment and furnishes such notice to affected subcontractors and suppliers within said 30 -day
period.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement 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 23rd day of October, 2007, and GORGEOUS LAWNS, INC.,
signing by and through its (insert title of officer) duly authorized to execute same.
Vi . lerk
APPROVED AS TO FORM
AND LEGAL SUFFICIE SY:
B
VILLAGE ATTO
ThispgAelay of O . • 2007.
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION
FORMAT AS APPLICABLE
VILLAGE OF Y BISCA'. LORIDA
By:
4
M
(Corporate Seal)
This 3i day of October 2007.
CONTRACTOR
GORGEOUS LAWNS, INC.
By:
(Signature and Title)
7'rsv: RGidl i h <-, 7_
(Type Name/T le signed above)
Contract for Harbor Drive Landscape 10 Village of Key Biscayne
July 2007