HomeMy Public PortalAbout2005-22a Construction Contract with M Vila and Associates, Inc Crandon Boulevard Improvements Phase IIRESOLUTION NO. 2005-22a
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING
AWARD OF CONSTRUCTION CONTRACT TO M. VILA
AND ASSOCIATES, INC., FOR CRANDON BOULEVARD
IMPROVEMENTS — PHASE II; PROVIDING FOR
APPROVAL OF CONTRACT FOR CONSTRUCTION;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, pursuant to public bidding process, the Village Manager and the Village's
consulting engineers have recommended that the Contract for Construction of Crandon Boulevard
Improvements — Phase II (the "Project") be awarded to the firm of M. Vila and Associates, Inc., a
Florida corporation (the "Contractor", as the best bid for the accomplishment of the Project; and
WHEREAS, the Village Council finds that it is in the best interest of the Village to award
the Contract for Construction for the Project to the Contractor, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above -stated recitals are hereby
adopted and confirmed.
Section 2. Agreement Approved, Specification of Funds.
A. That the Contract for Construction (the "Agreement"), in substantially the form
attached hereto, between the Contractor and the Village for construction of the Project is hereby
approved, and the Village Manager is hereby authorized to execute the Agreement on behalf of the
Village, once approved as to form and legal sufficiency by the Village Attorney, and subject to the
provisions of this Resolution.
B. That funding for the Project shall be provided in accordance with the Village
Manager's memorandum which accompanies this Resolution.
C. That Alternate No. 2 is awarded to Contractor, subject to the condition precedent that
the Village receives a binding commitment of funds from the State or County for the purpose of
funding work under Alternate No. 2. If such funding commitment is not timely received by Village,
as determined by the Village Manager, from such State or County funding source, the Contractor
shall not be authorized to proceed with any work under Alternate No. 2, and the Village shall delete
that portion of the work from the Agreement at no penalty, cost or added expense to Village.
D. That the Agreement shall be subject to the condition precedent that Village funds are
available and budgeted for the accomplishment of the Work for this Project, and that the Village
secures and obtains any necessary loans for the accomplishment of this Project pursuant to a
borrowing enabling ordinance and any loan implementing resolution adopted by the Village Council.
Section 3. Implementation. That the Village Manager is hereby authorized to take
any action which is necessary to implement the purposes of this Resolution and the Agreement.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption hereof.
PASSED AND ADOPTED this 24th day of May, 2005.
t/o ctibtin, L-2-,
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO F • RM AND LEGAL SUFFICIEN
VILLAGE TTORN
2 -
VILLAGE OF KEY BISCAYNE
Village Council
Robert Oldakowski, Mayor
Robert L. Vernon, Vice Mayor
Enrique Garcia
Steve Liedman
Jorge E. Mendia
Thomas Thornton
Patricia Weinman
Village Manager
Jacqueline R. Menendez
Office of the Village Manager
May 24, 2005
MEMORANDUM
To: H no : ble • r . embers of the Village Council
FROM: • ue ii��.. I'ene dl z, Village Manager
RE: Agenda Item 7A
Award of Construction Contract to M. Vila and Associates, Inc.
Attached please find revised agreement between the Village and M. Vila and
Associates, Inc. for construction of Phase II Crandon Boulevard Improvements.
Village Attorney David Wolpin has revised Sections 7.2.1, 7.2.2 and 7.2.3 of the
attached Contract for Construction. Thank you.
88 West McIntyre Street, Suite 210 • Key Biscayne, Florida 33149 • (305) 365-5500 • Fax (305) 365-8936
MISSION STATEMENT: "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT"
www. keybiscayne; flgov
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CONTRACT FOR CONSTRUCTION
TEAS IS A CONTRACT, by and between THE VILLAGE OF KEY BISCAYNE,
FLORIDA, a municipal corporation of the State of Florida, (hereinafter referred to as "Village"),
and M. VILA AND ASSOCIATES, INC., a Florida corporation, (hereinafter referred to as
"Contractor",)
W I T N E S SET H, that Contractor and Village, for the considerations hereinafter
named, 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 all of the Work desciib& d in the Contract
Documents including Plans, Specifications and Addenda thereto for the following
Project
CRANDON BOULEVARD IMPROVEMENTS - PHASE II
From Galen Drive/McIntyre Street to Village Entrance and
Harbor Drive from Fernwood Road to Crandon Boulevard, and
applicable alternates as specified herein,
as described in the Plans prepared by CORZO CASTE.LLA CARBALLO
THOMPSON SALMAN, P.A_ ("C3TS") (the "Village's Project Engineer").
ARTICLE_2
CONTRACT 'ITME
2.1 Contractor shall be instructed to commence the Work by written instructions in the
form of a Notice to Proceed issued by the Village Manager_ The Notice to Proceed
will not be issued until Contractor's "submission to Village of all required documents
and after execution or this Contract_
2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the
work with faithfulness and diligence and the Base Bid Work shall be substantially
completed within Two Hundred Forty (240) calendar days from the date specified in
the Notice to Proceed_ If Bid Alternate #1 and/or #2 are accepted and authorized to
proceed by the Vil ?age, all of the Work (base bid plus alternate(s)) shall be
substantially completed within Three Hundred Thirty (330) calendar days from the
00500-1 1108-07
(Addendum No. 1 and amended on 05/24/05)
" 1 0 / 1 0 / 2 0 0 5 0 8 : 2 9 F A X 3 0 5 8 2 7 1 4 3 4
M V I L A
0 0 4
d a t e s p e c i f i e d i n t h e N o t i c e t o P r o c e e d . T h e W o r k s h a l l b e c o m p l e t e d a n d r e a d y f o r
f i n a l p a y m e n t i n a c c o r d a n c e w i t h A r t i c l e 3 w i t h i n s i x t y ( 6 0 ) c a l e n d a r d a y s f r o m t h e
d a t e c e r t i f i e d b y V i l l a g e ' s P r o j e c t E n g i n e e r a s t h e d a t e o f S u b s t a n t i a l C o m p l e t i o n .
2 . 3 U p o n f a i l u r e o f C o n t r a c t o r t o s u b s t a n t i a l l y c o m p l e t e t h e C o n t r a c t w i t h i n t h e
s p e c i f i e d p e r i o d o f t i m e , C o n t r a c t o r s h a l l p a y t o V i l l a g e t h e s u m o f O n e T h o u s a n d
D o l l a r s ( $ 1 , 0 0 0 . 0 0 ) f a r e a c h c a l e n d a r d a y a f t e r t h e t i m e s p e c i f i e d i n S e c t i o n 2 . 2
a b o v e f o r S u b s t a n t i a l C o m p l e t i o n . A f t e r S u b s t a n t i a l C o m p l e t i o n , s h o u l d C o n t r a c t o r
f a i l t o c o m p l e t e t h e r e m a i n i n g W o r k w i t h i n t h e t i m e s p e c i f i e d i n S e c t i o n 2 . 2 a b o v e
f o r c o m p l e t i o n a n d r e a d i n e s s f o r f i n a l p a y m e n t , C o n t r a c t o r s h a l l p a y t o V i l l a g e t h e
s u m o f F i v e H u n d r e d D o l l a r s ( $ 5 0 0 . 0 0 ) f o r e a c h c a l e n d a r d a y a f t e r t h e t i m e
s p e c i f i e d i n S e c t i o n 2 . 2 f o r c o m p l e t i o n a n d r e a d i n e s s f o r f i n a l p a y m e n t . T h e s e
a m o u n t s a r e n o t p e n a l t i e s b u t a r e l i q u i d a t e d d a m a g e s t o V i l l a g e f o r i t s i n a b i l i t y t o
o b t a i n f u l l b e n e f i c i a l o c c u p a n c y a n d u s e o f t h e P r o j e c t . L i q u i d a t e d d a m a g e s a r e
h e r e b y f i x e d a n d a g r e e d u p o n b e t w e e n t h e p a r t i e s , r e c o g n i z i n g t h e i m p o s s i b i l i t y o f
p r e c i s e l y a s c e r t a i n i n g t h e a m o u n t o f d a m a g e s t h a t w i l l b e s u s t a i n e d b y V i l l a g e a s a
c o n s e q u e n c e o f s u c h d e l a y , a n d b o t h p a r t i e s d e s i r i n g t o o b v i a t e a n y q u e s t i o n o r
d i s p u t e c o n c e r n i n g t h e a m o u n t o f s a i d d a m a g e s a n d t h e c o s t a n d e f f e c t o f t h e f a i l u r e
o f C o n t r a c t o r t o c o m p l e t e t h e C o n t r a c t o n t i m e . T h e a b o v e - s t a t e d l i q u i d a t e d
d a m a g e s s h a l l a p p l y s e p a r a t e l y t o e a c h p h a s e o f t h e P r o j e c t f o r w h i c h a t i m e f o r
s u b s t a n t i a l a n d / o r f i n a l c o m p l e t i o n i s g i v e n .
2 . 4 V i l l a g e i s a u t h o r i z e d t o d e d u c t t h e l i q u i d a t e d & i m a g e s f r o m m o n i e s d u e t o
C o n t r a c t o r f o r t h e W o r k u n d e r t h i s C o n t r a c t .
A R T I C L E 3
C O N T R A C T P R I C E
3 . 1 V i l l a g e s h a l l p a y t o C o n t r a c t o r f o r t h e p e r f o r m a n c e o f t h e C o n t r a c t , t h e t o t a l l u m p
s u m o f F o u r M i l l i o n S e v e n H u n d r e d S e v e n t y E i g h t T h o u s a n d S i x H u n d r e d T w e n t y
O n e D o l l a r s a n d T h i r t y F i v e C e n t s ( $ 4 , 7 7 8 , 6 2 1 . 3 5 ) c o n s i s t i n g o f : $ 3 , 2 1 8 , 5 3 3 . 8 0 f o r
t h e B a s e B i d W o r k ; $ 1 9 7 , 5 0 0 . 0 0 f o r W o r k u n d e r A l t e r n a t e N o . 1 ; a n d
$ 1 , 3 6 2 , 5 8 7 . 5 5 f o r W o r k u n d e r A l t e r n a t e N o . 2 , s u b j e c t t o t h e c o n d i t i o n s , l i m i t a t i o n s
a n d r e s t r i c t i o n s o f S e c t i o n s 3 . 4 , 3 . 5 , 7 . 2 . 2 a n d 7 . 2 . 3 h e r e i n . T h i s p r i c e s h a l l b e f u l l
c o m p e n s a t i o n f o r a l l c o s t s , i n c l u d i n g o v e r h e a d a n d p r o f i t , a s s o c i a t e d w i t h
c o m p l e t i o n o f a l l t h e W o r k i n f u l l c o n f o r m i t y w i t h t h e r e q u i r e m e n t s a s s t a t e d o r
s h o w n , o r b o t h , i n t h e P l a n s a n d S p e c i f i c a t i o n s .
3 . 2 T h e s u m s e t f o r t h i n P a r a g r a p h 3 . 1 s h a l l c o n s t i t u t e t h e C o n t r a c t P r i c e w h i c h s h a l l n o t
b e m o d i f i e d e x c e p t b y a n y C h a n g e O r d e r i s s u e d b y V i l l a g e o r a s o t h e r w i s e s p e c i f i e d
h e r e i n .
3 . 3 T h e C o n t r a c t P r i c e m a y b e a d j u s t e d b y V i l l a g e p u r s u a n t t o A r t i c l e 1 2 o f t h e G e n e r a l
C o n d i t i o n s .
0 0 5 0 0 - 2 1 1 0 8 - 0 7
( A d d e n d u m N o . . 1 a n d a m e n d e d o n 0 5 / 2 4 / 0 5 )
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3.4 Village and Contractor agree that Alternate Number 2 is awarded to Contractor,
subject to the condition that the Village receives funds from the State of Florida or
Miami -Dade County for the purpose of funding the Work Under Alternate No. 2.
Village and Contrac:or agree that if such County or State Funds are not timely
received by the Village from the State or County sources, the Contractor shall not be
authorized to proceed with any Work under Alternate No. 2 and the Village shall
delete that portion of the Work from the Contract and from the Contract Price at no
penalty, cost or added expense to the Village.
3.5 Village and Contractor further agree that this Contract shall be subject to the
condition precedent that Village funds are available and budgeted for the
accomplishment of the Work for this project, and that the Village secures and
obtains any necessary loans for the accomplishment of this Project pursuant to a
borrowing enabling ordinance and any loan implementing resolution adopted by the
Village Council, and as described in the Village Council Resolution which awards
and authorizes the execution of this Contract.
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 this Contract for Construction;
the Drawings, Plans and Specifications, the Invitation for Bids, the Addenda, the
Bid, Instructions to Bidders, the General and Supplementary Conditions, the
Performance Bond and Payment Bond, 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 mane 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 regulations. My mandatory clauses which are required by such
federal regulations shall be deemed to be incorporated herein immediately upon
Village's written request.
4.2 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.
4.3 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
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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
WAIVER OF ,VVRY 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.
ARTICLE 6
ASSIQNM N J
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.
ARTICLE 7
MISCELLANEOUS
7. riLsgrance Requirements:
7.1 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 hereinafter), the insurance coverages set forth in
the Contract Documents.
7.2 V;iUAie's, Right To TE rminate Contract
7.2.1 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, 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 benef t 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,
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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.
7.2.2 Contractor agrees that in the event that a referendum or initiative measure is
adopted at an election by the majority of the electors of the Village voting on
such measure, which repeals the Village's May 24th, 2005, Crandon
Boulevard Improvements —Phase IT Capital Project Authorizing Ordinance
(Ordinance No. taa5- ) or otherwise 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 losswith 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.
7.23 In the event that a referendum or initiative measure is adopted at an election
by the majority of the electors of the Village voting on such measure, which
repels the Village's June 14, 2005, Crandon Boulevard Improvements -
Phase If Revenue Bond Loan Ordinance (Ordinance No. 2005- Z'{ _) or
otherwise operates to prohibit the financing for 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 aay compensation, penalties, damages, loss of profits,
termination fee 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 of the Project which has been performed by
Contractor up to the time of notice of termination of the Contract. The
Contractor shalt be entitled to recover from the Village payment for proven
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loss with respect to materials, equipment, tools, and construction equipment
and machine_y, including reasonable overhead, and profit earned on the
Project prior to the date of termination.
7.3 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.
7.4 Contractor's Responsibility for Damages and Accidents:
7.4.1 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.
7.4.2 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, Conractor shall replace same without cost to Village.
7.5 Defective Work/Guarantee:
7.5.1 Village shat have the authority to reject or disapprove Work which the
Village finds to be defective. If required by the Village, Contractor chart
promptly eiteer 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.
7.5.2 Should Contractor fail or refuse to remove or correct any defective Work or
to make am' necessary repairs in accordance with the requirements of the
Contract Do:umcnts withirY 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 al. necessary repairs promptly and fully, Village may declare
Contractor i'a default.
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7.5.3 The Contractor shall unconditionally guarantee all materials and equipment
furnished and Work performed for a period of one (I) 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 ,.peered 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.
7,5.4 Failure to reject any defective Work or material shall not in any way prevent
later rejection when such defect is discovered.
7.6 I al 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.
7.7 Examination and retention of Contractor's Records
7.7.1 The Village or a:_iy of their duly authorized representatives shall, until 3
years after final payment under this contract, have access to and the right to
ermine 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.
7.7.2 The Contractor agrees to include in first -tier subcontracts under this contract
a clause substantially the same as subparagraph 7.7.1 above. "Subcontract,"
as used in this clause, excludes purchase orders not exceeding $10,000.
7.7.3 The right to access and examination of records in subparagraph 7.1-1 sh 1l
continue until disposition of any mediation, claims, litigation or appeals. -
7.8 No Damages for De, ay,:
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,
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whether such delay, disruption, interference or hindrance be reasonable or
unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable: Contractor
shall be entitled only to extensions of the Contract Time as the sole and exclusive
remedy for such resulting delay. Notwithstanding the above, and in accordance with
the requirements of 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.
7.9 Public Entity Crimes Affidavit
Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity
Crimes Statute) notif cation of which is hereby incorporated herein by reference,
including execution of any required affidavit.
7.10 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 conduct of Contractor and persons employed or utilized by Contractor in
the performance of the Agreement.
7.11 Ca i ..,a d Terms
Capitalized terms shall have their plain meaning as indicated herein.
7.12 Ind____,eee_ndent Contra_cta►r:
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,
7.13 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 stockpikd 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
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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
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 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, s ig by
and through its Village Manager authorized co execute iame by Council action on the iiir` day of
lime 2005 and A4- vi 4 Ass/3444e , I c. signing by and through
t era w+ duly authorized to execute same.
Itakt,
Clerk
APPROVED AS TO FORM
AND LEGAL SI]FFI i_ NCY:
By.
00500-9 1108-07
(Addendum No_ 1 and amended on 05/24/05)
10/10/2005 08:29 FAX 3058271434 MVILA
0 1:
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION FORMAT, AS APPLICABLE
ATTEbZ`.
CONTRACTOR
VI, V; t Z.414 106
B : -..� 4 t LT: �1,.1�
._ Y
(secretary) f .(Signature and Title)
(Cordate Seal) 14h1, tAh. Pet
(Type Name/Title signed above)
This it( day of 31.14e , 2005.
•
00500-10 1108-07
(Addendum No. 1 and amended on 05/24/05)