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HomeMy Public PortalAbout2021-02 Selecting Ferreira Construction Southern Division Co, for the Village's Renourishment Maintenance ProjectORDINANCE NO. 2O2I.O2 A CAPITAL PROJECT AUTHORIZING ORDINANCE OFTHE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC. FOR THE VILLAGE'S BEACH RENOURISHMENT MAINTENANCE PROJECT IN AN AMOUNT NOT TO EXCEED $1,836,564; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne ("Village") issued Invitation to Bid No. 2021- 05 (the "ITB") for implementation of the Village's Beach Renourishment Maintenance Project (the "Capital Project"); and WHEREAS, it is anticipated that the Capital Project will renourish the beaches along the Atlantic Ocean within the Village by providing approximately 32,200 tons of beach fill; and WHEREAS, four sealed bids were received by the ITB deadline; and WHEREAS' Ferreira Construction Southem Division Co.,Inc. (the "Contractor") was the lowest responsive and responsible bidder for the Capital Project; and WHEREAS, after review and evaluation of the bids submitted in response to the ITB, the Village Manager recommends that the Contractor be selected to perform the Capital Project as the lowest responsive and responsible bidder; and WHEREAS, pursuant to Section 3.07(b) of the Village Charter, the Village Council desires to authorize the expenditure of Village funds for the Capital Project, select the Contractor to perform the Capital Project, and authorize the Village Manager to negotiate and execute an agreement with the Contractor, in an amount not to exceed $1,836,564, in substantially the form attached hereto as Exhibit "A" (the "Construction Contract"); and WHEREAS, the Village Council finds that this Ordinance is in the best interest and welfare of the residents of the Village. 1 NOW, THEREFORE,IT IS HEREBY ORDAINED By rHE VILLAGE COLINCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Selection. The Village Council hereby selects the Contractor for performance of the Capital Project. Section 3. Authorization. The Village Manager is hereby authorized to negotiate and execute the Construction Contract with the Contractor in substantially the form provided for in Exhibit "A," attached hereto, in an amount not to exceed $1,836,564, subject to the Village Attorney's approval as to form, content and legal sufficiency. Any change order exceeding the purchasing authority of the Village Manager and up to $500,000 may be approved by Capital Authorizing Resolution of the Village Council. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading. PASSED on first reading on the gth day of February. 2021. PASSED AIYD ADOPTED on second reading on the 23'd day of February. 2021. VEY ATTEST: YN B. VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 2 i2 fu7;* WEISS SEROTA IIELFIVIAN COLE & BIERMAN, P.L. VILLAGE ATTORMY 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legat Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legat Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (exceptSaturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - SECOND READING NOT,CE - ORDINANCES - FEB. 23, 2021 in the XXXX Court, was published in said newspaper in the issues of 02t12t2021 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami_Dade County, Florida and that lhe said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. and subscribed before me this tz r ctrKUAd-f GUILLERMO personally known lo me . VILLAGE OF.KEY BISCAYI{E OFFICE OF THE VITLAGE CLERK SECOI{D READING IiIOTIGE Notice is hereby given that the following ordinances will be considered on Second Reading by the Village Council of the Village of Key Biscayne at a meeting to be held on Tuesday, February 23, 2021 at 6:00 p.m., in the Council Chamber, . located at 560 Crandon Boulevard, Key Biscayne, Florida: A CAPMAL PROJECT AUTHORIZING ORDINANCE OF THE VILI.AGE OF KEY BISCAYNE, FLORIDA, SELECTING FERREIRA CONSTRUCTTON SOUTHERN DIVISION CO., INC, FOR THE VILLAGE'S BEACH RENOURISHMENT MAINTEMNCE PROJECT IN AN AMOUNT NOT TO EXCEED St,$6,564; PROVIDING FOR AIIfHORIZATION; AND PROV|D|NG. FOR AN EFFECTTVE DATE, AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,. CREATING ARTICLE II OF CHAPTER 8, "ENVIRONMENT,N OF THE VILLAGE CODE OF ORDINANGES RELATING TO LANDSCAPE IRRIGATION;' PROVIDING FOR SEVERABILIW; PROVIDING FOR CODIFICATION;; PROVIDING FOR CONFLTCTS; AND PROVIDING*OR All EFFEGTIVE DAIE' AN ORDINANCE OF THE VILLAGE OF KEY BISCAY{E, FLORIDA, AMENDING. ORDINANCE t'lO. 2020-04 WHICH ADOPTED THE BUDGET FOH FISCAL YEAR 2020. 2021 BY REVIS]NG IHE2O2O.2O21 FISCAL YEAR BUDGET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinances may be inspected by the public at the Office of the Village Clerk. Any person wishing to address the Village Gouncil on, any item at this Public Hearing may call (305) 365-7569, Zoom Meeling lD:l 231 627 8415 and be heard with respect to the proposed Ordinances. ln accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to partioipate in this proceeding beoause of that disability should contact the ffice ol the Village' Clerk, 88 West Mclntyre Street, Suite 220, Key Biscayne, Florida 33'149,i telephone number (305) 365-5506, not lat€r than two business days priorl to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall: insure that a verbatim record of'the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.01 05). Comments of any interested party relative to this matter may be submitted rin writing via emhil to publiccomments@keybiscayne.fl.gov. Jocely-n B. Koch 2t12 ,1-84looilr!1s&3f if',r# CHflSTIMTYI{N Commission#GG Exoitcs Novembet go,tl*nruftql fain RAVIX 277771 19,20n lnsurancg 00{}'3,8$7019 CONTRACT FOR CONSTRUCTION THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this L4+ day of 2021 (the "Effective Date") by and between the VILLAGE OF KEY BISCAYNE,a Florida municipal corporation, (the "Village"), and FERREIRA CONSTRUCTION SOUTHERN DIVISION CO., INC., a Florida Corporation (the "Contractor"). WHEREAS, in response to the Village's Invitation to Bid No. 2021-05 for the Beach Renourishment Maintenance Event Project (the "Project," as further defined herein), Contractor submitted a bid, which Bid is incorporated herein by reference and made a part hereof, and includes the Schedule of Bid Items ("Pricing") attached hereto as Exhibit ,,A"; and WHEREAS, Contractor submitted the lowest, responsive and responsible bid and was selected and awarded this Contract for performance of the Work (as hereinafter defined); and WHEREAS, the Work or Project consists of placement of approximately 32,200 tons of beach fill in the segment of beach between FDEP monuments R-l02 and R-108 and incidental related work, as hereinafter defined; and WHEREAS, Contractor has represented to the Village that it possesses the necessary qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the terms and conditions set forth in this Contract. NOW' THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/lg0 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. SCOPE OF'WORK 1.1. Contractor hereby agrees to fumish all of the labor, materials, equipment, services and incidentals necessary to perform all of the work described in the Contract Documents (the "Work" or the "Project") including, without limitation as described in the approved plans, drawings and/or specifications prepared by EAC Consulting, IncAvloffatt & Nichol, Inc. (the "Village's Project Consultant" or "Engineer") dated December 7,2020 attached hereto as Exhibit "Br" (the "Plans"), the Contractor's Bid attached hereto as Exhibit ,A,,' and any other documents incorporated herein by reference and made a part of this Contract for the following Project: VILLAGE OF KEY BISCAYNE BEACH RENOURISHMENT MAINTENANCE PROJECT The work includes the truck haul placement of approximately 32,200 tons of beach fill in the segment of beach between FDEP monuments R-102 and R-108 and incidental related work. The elevation of the design dune for the beach fill event is +7.5 ft NAVD in locations with dune loss and/or poorly vegetated existing dunes, and the design berm elevation is +5.5 ft NAVD, with a plus or minus 0.5-foot verticaltolerance. The design berm and dune width vary along the length of the Project. The seaward design slope of the dune fill is 1.0 Village ol Key Biscayne, FL Contract No.: 202 l -05 Page I of22 foot vertical to 5.0 feet horizontal (lV:5H), extending from the seaward edge of the dune to the berm (+5.5 ft elevation). For the berm, a 1.0 foot vertical to 10.0 feet horizontal (1V:10H) slope of fill shall be constructed, extending from the seaward edge of the berm to the existing seabed. The total Project length is approximately 5,565 feet. The permitted sand sources for the project are the "Beach Sand C" product from the E.R. Jahna Industries' Ortona sand mine (Moore Haven, Florida), "WS Beach Sand" from Vulcan Materials Company's Witherspoon Mine (Moore Haven, Florida), and "Beach Sand" from Garcia Mining Company (Clewiston, Florida). 2. CONTRACT TIME 2.1. Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed in substantially the form attached hereto as Exhibit "C" providing a commencement date and issued by the Village Manager or designee. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents and after execution of this Contract. 2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within forty-five (45) calendar days from the date specified in the Notice to Proceed ("Contract Time'o). Substantial Completion shall be defined forthis purpose as the date on which Village receives beneficial use of the Project. The Work shall be fullv completed in accordance with the Contract Documents within sixtv (60) calendar davs from the date snecified in the Notice to Proceed ("Final Completion Time"). The Final Completion date is defined as the date determined by the Village when all Work, including punch list items, has been completed in accordance with the Contract Documents and Contractor has delivered to Village all documentation required herein. 2.3. Upon failure of Contractor to substantially complete the Work within the Contract Time, Contractor shall pay to Village the sum of Five Hundred Dollars ($500.00) for each calendar day after the expiration of the Contract Time that the Contractor fails to achieve Substantial Completion up until the date that the Contractor achieves Substantial Completion. Upon failure of Contractor to fully complete the Work and achieve Final Completion within the Final Completion Time, Contractor shall pay to Village the sum of One Thousand Dollars ($1.000.00) for each calendar day after expiration of the Final Completion Time that the Contractor fails to achieve Final Completion up until the date that the Contractor achieves Final Completion. 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. The above-stated liquidated damages shall apply separately to each phase of the Project for which a time for completion is given. 2.4. Yillage is authorized to deduct the liquidated damages from monies due to Contractor for the Work underthis Contract. In case the liquidated damage amount due to Village by Contractor Village of Key Biscayne, FL Contract No.: 2021-05 Page 2 of22 exceeds monies due Contractor from Village, Contractor shall be liable and shall immediately upon demand by Village pay to Village the amount of said excess. 3. CONTRACT PRICE 3.1. Village shall pay to Contractor for the performance of the Work an amount not to exceed $1,836,564 in accordance with the line items and unit prices included in the Contractor's Proposal and Schedule of Bid Items (Pricing), attached hereto as Exhibit'3." This sum ("Contract Price") shall be 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. The Contract Price shall include all applicable sales taxes as required by law. 3.2. Village shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor's Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the Village shall be within twenty (20) days after receipt ofthe Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents or, in the event there is no Schedule of Values, as otherwise provided in the Contract Documents. In the event the Contract Documents do not provide a Schedule of Values or other payment schedule, Applications for Payment shall be submitted monthly by Contractor on or before the lOth of each month for the prior month. Progress payments shall be made in an amount equal to the percentage of Work completed as determined by the Village or Village's Project Consultant, but, in each case, less the aggregate of payments previously made and less such amounts as Village shall determine or Village may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Values, if any. The Contractor agrees that ten percent (10%) of the amount due for each progress payment or Pay Application (the "Retainage") shall be retained by Village until final completion and acceptance of the Work by Village. In the event there is a dispute between Contractor and Village concerning a Pay Application, dispute resolution procedures shall be conducted by Village commencing within 45 days of receipt of the disputed Payment Application. The Village shall reach a conclusion within 15 days thereafter and promptly notify Contractor of the outcome, including payment, if applicable. 3.3. Each Pay Application shall include an affidavit or partial release or waiver of lien by Contractor indicating that partial payments received from the Village for the Work have been applied by Contractor to discharge in full all of Contractor's obligations, including payments to subcontractors and material suppliers. 3.4. The payment of any Application for Payment by the Village, including the final request for payment, does not constitute approval or acceptance by the Village of any item of the Work reflected in such Application for Payment, nor shall it be construed as a waiver of any of the Village 's rights hereunder or at law or in equity. Village of Key Biscayne, FL Contract No.: 202 I -05 Page 3 of 22 3.5. Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the Village, and upon receipt of consent by any surety, Village shall pay the remainder of the Contract Price (including Retainage) as recommended by the Village's Project Consultant and Building Official. Final payment is contingent upon receipt by Village from Contractor of at least one complete set of as- built plans, reflecting an accurate depiction of Contractor's Work. 3.6. This Contract is subject to the conditions precedent 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. 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 (including any change orders and amendments thereto), the Plans and Specifications, the Technical Specifications, any Bidding Documents or procurement documents for the Project, the Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing), the Bonds (defined herein), Insurance Certificates, the Notice of Award, and 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. 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. 4.3. The Contract Documents shall remain the property ofthe 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. 4.4. The Contractor agrees to be bound by and comply with the applicable provisions of any agreements between the Village, the Florida Department of Emergency Management (FDEM), the Federal Emergency Management Agency (FEMA), or any other local, state or federal agencies providing funding for this Agreement. The Contractor may request copies of the agreements from the Village, which are incorporated herein by reference as though stated in full. Village of Key Biscayne, FL Contract No.: 202 l-05 Page 4 of22 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 the Contract, including by reason of any damage to property, or bodily injury or death incurred or sustained by any party. 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 provisions of this section shall survive termination of this Contract. 6. INSURANCE AND BONDS 6.1. Insurance 6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance of such types and in such amounts not less than those specified below as satisfactory to the Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or better by Bests Rating and qualified to do business in the State of Florida. 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 Contract and prior to the execution of this Contract by Village and prior to commencing any Work. 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 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 6.1. 6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property 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 ofContractor. The General Aggregate Liability limit (except for Products/Completed Operations) shall be in the amount of $2,000,000. 6.1.1.2. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. Village of Key Biscayne, FL Contract No.: 202 I -05 Page 5 of22 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 Work pursuant to this Contract who is not covered by Worker's Compensation insurance. 6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non-Owned Vehicles. 6.1.1.4. Omitted. 6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any portion of the Work damaged, destroyed, lost or stolen until Final Completion has been achieved for the Project, and all such Work shall be fully restored by the Contractor, at its sole cost and expense, in accordance with the Contract Documents. 6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the Village with Certificates of Insurance for all required policies. 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 Contract, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. 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 Work, 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. 6.1.2.1. Additional Insured. The Village is to be specifically included as an Additional Insured for the liability of the Village resulting from Work performed by or on behalf of the Contractor in performance of this Contract. 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. Village of Key Biscayne, FL Contract No.: 202 I -05 Page 6 of 22 6.1.2.2. 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. 6.1.3. The provisions of this section shall survive termination of this Contract. 6.2. Bonds. If required by the Village, prior to performing any portion of the Work and within three (3) days of the Effective Date hereof, the Contractor shall deliver to Village the Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are collectively referred to herein as the "Bonds"). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by Village and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to Village. 7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES 7.1. In order to induce the Village to enter into this Contract, the Contractor makes the following representations and warranties: 7.1.1. Contractor represents the following: 7.1.1.1. Contractor has examined and carefully studied the Contract Documents and the other data identified in the bidding documents, including, without limitation, the "technical data" and plans and specifications and the Plans. 7.1.L.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. 7.1.1.3. Contractor is familiarwith 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. Village of Key Biscayne, FL Contract No.: 202 I -05 PageT of22 7.1.1.4. Omitted 7.1.1.5. Contractor is aware of the general nature of Work to be performed by the Village and others at the site that relates to the Work as indicated in the Contract Documents. 7.1.1.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.1.1.7. 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 fumishing of the Work. 7.1.1.8. The Contractor agrees and represents that it possesses the requisite qualifications and 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. 7.1.2. Contractor wanants the following: 7.1.2.1. 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. 7.1.2.2. 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. 7.1.2.3. 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. Village of Key Biscayne, FL Contract No.: 202 I -05 Page 8 of22 Contractor acknowledges that it is the obligation of Contractor to obtain all licenses and permits required for this Project, including Village building permits. Village building permit fees are waived for this Project. If permits are required by any other governing body or agency, the Contractor shall be obligated to pay the fees. 8. DEFAULT AND TERMINATION 8.1. If Contractor fails to timely begin the Work, or fails to perform the Work with suffrcient workers and equipment or with sufficient materials to insure the prompt completion of the Work within the Contract Time or Final Completion Time as specified in Section 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 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 after sending Contractor a written Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for altemate prosecution ofthe 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. ln 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 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. 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 Responsibilitv for Damases and Accidents. Village of Key Biscayne, FL Contract No.: 202 I -05 Page 9 of 22 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 priorto final acceptance by Village, Contractor shall replace same without cost to Village. 9.3. Defective Work. Warranty and Guarantee. 9.3.1. 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 non-defective Work. Contractor shall bear all direct, indirect and consequential costs of such removal or corrections including cost of testing laboratories and personnel. 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 the Village or its designee, 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. 9.3.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and equipment fumished and Work performed for a period of one (l) year from the date of Substantial Completion. If, within one (l) 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. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty to the Village prior to Final Completion. 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. 9.3.4. Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. 9.4. Lesal Restrictions: Hours of Work; Traffic Provisions. 9.4.1. 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 Village olKey Btscayne, FL Contract No.: 2021-05 Page l0 of22 thoroughfare, without the written consent ofthe 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, the Village Code of Ordinances. The Contractor shall not perform Work beyond the time and days provided above without the prior written approval of the Village. 9.5. Examination and Retention of Contractor's Records. 9.5.1. The 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 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, claimso 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 designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter 1 19, Florida Statutes. 9.6. 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 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 control of the Contractor. Should any delay, disruption, interference or hindrance be intentionally caused by the Village, for a continuous period or cumulative period of thirty (30) days, the Contractor may terminate the Contract upon seven (7) days written notice to the Village. 9.7. Authorized Representative. 9.7.1. Before commencing the Work, Contractor shall designate a skilled and competent authorized supervisor and representative ("Authorized Representative") acceptable to Village to represent and act for Contractor and shall inform Village, in writing, of the Village of Key Biscayne, FL Contract No.: 202 l -05 Page 11 of22 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 the Village. If, at any time during the term of this Contract, any of the personnel either functionally or nominally performing any ofthe positions named above, are, for any reasonable cause whatsoever, unacceptable to the Village, Contractor shall replace the unacceptable personnel with personnel acceptable to the Village. 9.8. Taxes. Contractor shall pay alltaxes, 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, arrange for, 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. Safetv. 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 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 Village of Key Biscayne, FL Contract No.: 2021-05 Page 12 of22 comply with the foregoing, the same may be accomplished by Village at Contractor's expense. 9.12. Rishts 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 Entitv Crimes Affidavit. Contractor shall comply with Section 287.133, Florida Statutes, and @ublic Entity Crimes Statute) notification of which is hereby incorporated herein 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 the Contract. This Contract does not create any paftnership 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 policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those ofthe Contractor. 9.16.Pavment to Suh-Contractors:of Pavment 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.5. 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 attomeys'fees and costs incurred in connection therewith. Village of Key Biscayne, FL Contract No.: 2021-05 Page 13 of22 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 Jurv Trial. VILLAGE AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLLINTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS TN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COLINTERCLAIM 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. 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 electronic mail, hand-delivery, by registered or certified mail with postage prepaid return receipt requested, by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page ofthis Contract or such other address as the party may have designated by proper notice. 9.21. Prevailing Partv: Attorneys' Fees. 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 from the non-prevailing party all reasonable costs, expenses, paralegals' fees, experts' fees and attorneys' fees including, but not limited to, court costs and other expenses through all appellate levels. 9.22. Ownership and Access to Records and Audits. 9.22.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the Village which are conceived, developed or made by Contractor during the term of this Contract ("Work Product") belong to the Village. Contractor shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Contract) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 9.22.2. Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Contract. The Village Manager or her designee shall, during the term of this Contract and for a period of three (3) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section I19.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from Village of Key Biscayne, FL Contract No.: 202 1 -05 Page 14 of22 public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the Village. 9.22.3. Upon request from the Village's custodian of public records, Contractor shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter I 19, Florida Statutes, or as otherwise provided by law. 9.22.4. Unless otherwise provided by law, any and all records, including but not limited to reports, suryeys, and other dataand documents provided or created in connection with this Contract are and shall remain the property of the Village. 9.22.5. Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the Village Manager, at no cost to the Village, within seven (7) days. All such records stored electronically by Contractor shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 9.22.6. Any compensation due to Contractor shall be withheld until all records are received as provided herein. 9.22.7. Contractor's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Contract by the Village. 9.22.8.Notice Pursuant to Sectio n 119.070I(2)h). Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JOCELYN B. KOCH, VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FL 33t49, 305-365-5506, JKOCH@,KE YBISCAYNE.FL.GOV. 9.23. Conflictsl Order of Priority. This document without exhibits is refened to as the 'oBase Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Work shall apply: 9.23.1. First Priority: Change Orders with later date taking precedence; Village of Key Biscayne, FL Contract No.: 202 I -05 Page 15 of22 9.23.2. Second Priority: This Base Agreement; and 9.23.3. Third Priority: Exhibit A. 10. SPECIAL CONDITIONS 10.1. The following provisions in this Section l0 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: 10.2. Preliminarv Steps. 10.2.1. Pre-Construction Conference. Within fourteen (14) calendar days afterthis Contract is executed by both parties, and before any Work has commenced, a pre-construction conference will be held between the Village, the Contractor, and the Project Consultant. The Contractor must submit its project schedule and schedule of values, if applicable, prior to this conference. 10.3. Proiect Schedule. Contractor must submit a proposed Project Schedule as follows 10.3.1. Schedule must identiff the schedule for each location comprising the Project. The proposed Project schedule must be submiued within ten (10) calendar days from the date this Contract is executed by both parties for the review and approval of the Project Consultant or Village as applicable. This initial schedule shall establish the baseline schedule for the Project. 10.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a minimum submitted with each pay application. An updated schedule tracked against the baseline must also be submitted upon execution of each CO that impacts the Contract Time. Failure to submit such schedules will result in the rejection of any submiued payment application. 10.3.3. All Project Schedules must be prepared in Microsoft Project 2007 or earlier unless otherwise approved by the Project Consultant or Village as applicable. At the time of submission of schedules, Contractor must submit a hard copy as well as an electronic version. Electronic versions must not be submitted in a .pdf format. 10.3.4. In addition to the Project Schedule the Contractor must provide a two (2) week look- ahead schedule that reflects the Work to be performed during the following two (2) week period. The look-ahead schedule must be provided to the Project Consultant and Village at a regular frequency prior to the start of the two-week period. This schedule will, at a minimum, include the area(s) where Work is to be performed and the Work to be performed in the area(s). 10.4. Schedule of Values. The Contractor must submit two copies of schedule of values within ten (10) calendar days from the date this Contract is executed by both parties. The schedule of values shall indicate a complete breakdown of labor and material of all categories of Work on the Project. Contractor's overhead and profit must be listed as separate line items. Village of Key Biscayne, FL Contract No.: 202 l-05 Page 16 of22 Each line item must be identified with the number and title ofthe major specification section or major components of the items. The Project Consultant or Village as applicable may require further breakdown after review of the Contractor's submittal. The Village reserves the right to require such information from the Contractor as may be necessary to determine the accuracy of the schedule of values. The combined total value for mobilization under the Schedule of Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values must be incorporated into the Contractor's payment application form. 10.5. Construction Photographs. Prior to commencement of the Work the Contractor must take digital photographs and color audio-video recording to document existing conditions and submit copies in an acceptable format to the Village. Contractor must submit with each application for payment photographs that accurately reflect the progress of all aspects of the Work. The number ofphotographs to be taken will be based on the magnitude of the Work being performed. Contractor must submit one copy of each photograph in print and digitally. The photographs must be printed on 8" X 10" high resolution glossy commercial grade and weight color photographic print paper or in a format acceptable to the Village. Each photograph must be imprinted on its face with the title of the Project, the date, and time the picture was taken. Digital photographs must be taken using jpeg format and will be submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash drive clearly identi$,ing the name of the Project, the name of the Contractor, and the timeframe in which the pictures were taken. Initial set up prints will be submitted in a three- ring binder with each picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in clear plastic sleeves that can be added to the binder. The three-ring binder must be of such size to be able to hold all print pictures. 10.6. Stasing Site. 10.6.1. The Contractor is solely responsible for making all anangements for any staging site(s) that may be necessary for the performance of the Work and the Contractor is responsible for all site security, including any fencing of the site, and any loss, damage or theft to its equipment and materials. Any fencing of the Staging Site is subject to the prior written approval of the Village. 10.6.2. The Village at its sole discretion may make a staging site available for use by the Contractor. If such site is made available by the Village, the Village assumes no responsibility or liability for the equipment or materials stored on the site, and the Contractor will be solely responsible for any loss, damage or theft to its equipment and materials. The Contractor must restore the site to its pre-existing condition prior to the Contractor's use of the site. 10.6.3. The Contractor may be required to provide or may choose to use an office trailer for the duration of the Project. The Contractor must have the prior written approval of the Village as to the use of any office trailer and the placement location for the office trailer. The Contractor must obtain all required permits from the appropriate regulatory agencies. Village of Key Biscayne, FL Contract No.: 202 l-05 Page l7 of22 10.6.4. Parkins. No parking is permitted at a Village provided staging site without the prior written approval of the Village. 10.7. Proiect Sisnase. Contractor must fumish and install two (2) Project signs at the Project Site in accordance with the requirements provided by the Project Consultant or the Village as applicable. 10.8. Rovalties and Patents. All fees, royalties, and claims for any invention, or pretended inventions, or patent of any article, material, affangement, appliance, or method that may be used upon or in any manner be connected with the Work or appurtenances, are hereby included in the prices stipulated in the Contract for said Work. 10.9. Purchase and Deliverv. Storase and Installation. All materials must be F.O.B. delivered and included in the cost of the Work. The Contractor is solely responsible for the purchase, delivery, off-loading and installation of allequipment and material(s). Contractor must make all arrangement for delivery. Contractor is liable for replacing any damaged equipment or material(s) and filing any and all claims with suppliers. All transportation must comply with all federal, state (including FDOT), Miami-Dade County, and local laws, rules and regulations. No materials will be stored on-site without the prior written approval of the Village. 10.10. Substitutions. Substitution of any specified material or equipment requires the prior written acceptance ofthe Project Consultant. It is the sole responsibility of the Contractor to provide sufficient information and documentation to the Project Consultant to allow for a thorough review and determination on the acceptability of the substitution. Approval of a substitution does not waive or mitigate the Contractor's responsibility to meet the requirements of the Contract Documents. The Village may require an adjustment in price based on any proposed substitution. 10.11. UnsatisfactorvPersonnel. 10.11.1. Contractor must at all times enforce strict discipline and good order among its employees and subcontractors at the Project(s) site(s) and must not employ on any Work any unfit person or anyone not skilled in the Work to which they are assigned. 10.11.2. The Village may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any or Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Contract Documents. The Contractor must respond to the Village within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The Village will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). 10.12. Contract Modification. 10.12.1. Chanse Orders. Village olKey Biscayne, FL Contract No.: 2021-05 Page 18 of22 10.12.1.1. Without invalidating the Contract Documents, and without notice to any Surety, the Village reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the Village. The Village reserves the right to order changes, which may result in additions to or reductions from the amounto type or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents, and all such changes will be authorized only by a change order ("CO") approved in advance, and issued in accordance with provisions of the Contract Documents. 0.12.1.2. For Contractor initiated change orders, the Contractor is required to provide the Project Consultant with a detailed Request for Change Order ("RCO") in a form approved by the Village, which must include the requested revisions to the Contract, including, but not limited to, adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstrate the reasonableness of the RCO. The Village may require Contractor to provide additional data including, but not limited to, a cost breakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure to include schedule revisions in an RCO will be deemed as the Contractor's acknowledgement that the changes included in an RCO will not affect the project schedule. 10.12.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties. 10.12.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the Village reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents. Where the Village directs the Contractor to proceed on a time and materials basis, the Contractor must maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the Village. 10.12.2. Extension of Contract Time. 10.12.2.1. If the Contractor is delayed at any time during the progress of the Work beyond the time frame provided for Final Completion by a delay beyond the reasonable control of the Contractoq then the Contract Time shall be extended subject to the following conditions: I Village of Key Biscayne, FL Contract No :2021-05 Page 19 of22 10.12.2.1.1. The Contractor submits an RCO requesting the additional Contract Time within five (5) calendar days after the Contractor knew or should have known about the delay; 10.12.2.1.2. The cause of the delay arose after the issuance of the NTP and could not have been anticipated by the Contractor through reasonable investigation before proceeding with the Work; 10.12.2.1,3. The Contractor demonstrates that the completion of the Work will actually be affected by the cause ofthe delay; 10.12.2.1.4. The delay cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts, and measures of the Contractor. 10.12.3. Continuine the Work 10.12.3.1. Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with Village, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. 10.13. llntentionallv Omittedl 10.14. Approved Shop Drawings: Provide record copies for each process, equipment, piping, electrical system and instrumentation system. 10.f4.1. As-built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the Village at no additional cost, including digital I (CAD and PDF) versions. 10.14.2. For construction of new building, or building additions, field improvements, and or roadway improvements, as-built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 10.15. Record Set. Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments, COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction. The record documents must be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor must certifu the accuracy of the updated record documents. The record documents must be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. Village of Key Biscayne, FL Contract No.: 202 I -05 Page2} of22 10.16. Maintenance of Traf[c. Maintenance of Traffic ("MOT") must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, waming devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular trafftc must be maintained and protected at all times. Prior to commencement ofthe Work, Contractor must provide the Village with a proposed MOT plan for review. The Village may require revisions to the proposed MOT plan. The MOT plan must be updated by the Contractor every two weeks. Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays resulting from its failure to provide the required MOT plan. 1,0.17. Hurricane Preparedness. During such periods of time as are designated by the United States Weather Bureau or Miami-Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the Village, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami-Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the Village has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. [Remainder of page intentionally left blank. Signature pages follow.] Village of Key Biscayne, FL Contract No.: 2021-05 Page2l of22 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE CONTRACTOR By:@-By:'+#9 Charles Press Interim Village Manager Name:Dannv Garcia Attest: By:o Jocelyn Village Clerk Approved as to form and legal sufliciency: By llrl7Vhluaq Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West Mclntyre Street Key Biscayne, FL 33149 305-365-55 1 4 (telephone) 305-365-8936 (facsimile) cpress@keybiscayne.fl . gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfr iedman@wshJaw.com (email) CONSTRUCTION DIVISTON CO.,INC. Addresses for Notice: FERREIRA CONSTRUCTION SOUTHERN DIVISION CO.,INC. Attn: Dannv Garcia 9455 NW 104th St Medley, FL 33178 305.797.3562 telephone) dgarcia@ferreiraconstruction.com (email) With a copy to: Hector Blanco 9455 NW 104th Medley, Fl 33178 786.868.5323 _(telephone)@(.nruit) Village of Key Biscayne, FL Contract No.: 202 I -05 Page22 of22 EXHIBIT A ICONTRACTOR' S BID PROPOSAL] Village of Key Biscayne, FL Contract No.: 202 1 -05 Exhibit B VILLAGE OF KEY BISCAYNE BID FORM REV 1 Friday, December 18, 2020 ACTIVITYAND LOCATION Truck Haul Beach Nourishment Miami Dade. Florida PROJECT TITLE 2021 Beach Nourishment Project Prepared by Moffatt & Nichol EST. QUANTITY UNIT UNIT COST TOTALITEM NO.ITEM DESCRIPTION Marine Works I Mobilization Deliver, place and survey beach compatible 2 sand 3 Turbidity Monitoring 4 Vibration Control and Monitoring 5 Beach Tilling 6 Geotechnical Testing Temporary Construction Staging and Access 7 Areas g Tolls g Demobilization 1LS 32200 TN 1LS ,! LS 8 ACRE 1LS 1LS 1530 PERTRUCK ,1 LS $ 161,606.00 $161 .606.00 $ 36.00 $ 1 ,1 59,200.00 $ 20,000.00 $20,000.00 $ 9,000.00 $9,000.00 $ 1,350.00 $10,800.00 $ 9,000.00 $9,000.00 $ 60,000.00 $60,000.00 $ 24.00 $36,720.00 $ 5,000.00 $5,000.00 Subtotal $1,471,326.00 Dune Planting 1O Uniola Paniculate/Sea Oats 11 lpomoea Per Caprae/Railroad Vine 12 Removal of lnvasive Species 17822 EA 8930 EA 3.9 AC $ 1.00 $17,822.00 $1.50 $13,395.00 $ 31,390.00 $122,421.00 Subtotal $153,638.00 BASE BID CONSTRUCTION TOTAL $ 1,624,964.00 Bid Alternater Deliver, place and survey beach compatible sand Tolls ADDITIONAL ALTERNATE TOTAL 11131 TN 530 PERTRUCK $ 36.00 $400,716.00 $ 24.00 $12,720.00 $413,436.00 +$2,038,400.00 1. Additional bid alternate is for additional sand fill to be placed at the same time as the items under Marine Works. No separate mobilization or demobilization will be paid for this work. Page 1 of 1 VILLAGE OF KEY BISCAYNE BID SUBMITTAL DECEMBER 7,2020 BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT l N VILUGE OF KEY BISCAYNE COUNCIL MEMAERS PROJECT LOCATION MAP----------7;=nEfi GOVERNING SIANDARDS ANO SECIFICA|IONS: SAFETY KEV*EFTRFVISIdS -----._-f-------- IEfu), ftEP, B AAM| C6PS MMB, FL6IU CADE FAC) AM IH ADBBETfuIIAN @M) *CWIIM Etl^ 4'hf,h talr EAC Consulting, lnc,moflott & nichol t36)a te4 Btu SUBMITTAL NOTE F-{iUl GENEBAL NOTES *trr --L tr ,?L ""^" G-1.0 ffi ULMGE OF KFY BISCAYNE E tra'hrth Mrl BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT iFGi6G-- c] ffifio-l;rlw T. X- BUNKENSHIP GErefuLMES ES MMCEffif IEN), VIIACE ADMSNT@N IMi MEREVATIONS I WAN HEF WAftR 'Wq IS .O |EAL MIW IM MVD B) $AIMME ISECt@tu 1/2)MEH c s4u1*, lrc tLB t ts*) DAtfi c 'as auLr' F@a 4 6BIML rdars lrcl@/re Pr vEFsi ,M UfLfiYnovMRs (ESbNnCKET:Mfim) furctDlfYc&rqd NoEs re' 4'Ba.acH 3) sacheND FRd -T*-t- .l TTToALEP@ts lec}2oon E B IAPPROVED PLANS, DRAWINGS AND/OR SPECIFICATIONS PREPARED BY EAC CONSULTING, INCA4OFFATT & NICHOL, [NC. DATED DECEMBERT,2O2O] Village of Key Biscayne, FL Contract No.: 202 I -05 Exhibit B ffi VILSGE OF KEY BISCAYNE E tl/'br{b latl BEACH BENOURISHMENT MAINTENANCE EVENT PBOJECT EXISTING CONDITIONS c-2.1 sEs _L s -?L ',-:'@a # t I Ga n z<(k + U ilil , sactuss souNDAEf @tu) a i 5 2 z: ! :i ii i. ,( g: /; iFt i! F2' Li ii tr VILDGE OF KEY BISCAYNE G tra'bAb&6&$&i r.ll BEACH BENOURISHMENT MAINTENANCE EVENT PBOJECT I ( BUN(ENSHIP EXISTING CONDITIONS ""''* c-2,2 sEfl A oF ?L e'-s=: # ooo+ @ I OF I&'1 a; ?t! 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IlII BEACH FENOUBISHMENT MAINTENANCE EVEMT PBOJECT *ffi I K, SUNKENSHIP PROPOSED BEACH FILL PLAN '*'.' c-3.2 s#s --L- oF g ."-.*Oa # o do+ -$ 3I E t g fit:r ta il g: ?rl !i, trr !i:;ii iii t:l; .*ilii, ffi E tra'b-{h &C ftEuMq, hc. latl EEACH RENOURISHMENT MAINTENANCE EVENT PROJECT 6l ffiN C;;l; )IlAwffi STAGING AREA ACCESS sHEfl 7 oF 20 c-4.0 F- 7Z7lt- I I Lri&.r- i"i* *!d -,,]r '. dD-,tF$t '':: ! n'-l r$i ,1;) tt *1.., Firtr! i .t''t? ,,' H(i 'ffi.ril.,'i I &,; t: illii BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT il lffi T;mt;; T BEACH FILL PLAN srLor?L c-5.1 ffi VILUGE OF KEY BISCAYNE E rra'b-{b gCCdnrdtliF, hr. rarl t4 $!dn " j s. ,1 ' ^.,., . .:; "-..'....''---. F :t;i ii p E tl/'bAh wc.!@$he Mtl r6rt6l &.icnot BEACH RENOURISHMEIifT MAINTENANCE EVENT PROJECT ;r---;;;m l"*l; I ( BUNKENSHIP BEACH FILL PLAN c-5.2 sNEs e oF 20 ,r,.. - ':L W I !:/ ti it Jiri *; ea !r 'i,ti .ri 3l 1, ;! Ia 9;' 91. # VILUGEOF KEY BISilYNE E.AC, xrt 437 SW 2f HAVENEsuriE lolA BEACH RENOURISHMENT MAINTENANCE EVENT PBOJECT F.......ffi;;-]ffi]; tt ;aGiem - I K AUNKENSHIP BEACH FILL PLAN """ " c-5.3 srea lL oF ?L Fa J*t &1 I d .i @ 3 € f t ! : li: 44. Erl !;l at tr ti !s i4. *t ;: # VILLAGE OF KEY EISCAYNE E tlr'babsh&rN sgs swE [GooNoFrE sf€4i0 tatl l--rrE__l I o6dl6J I tir-_-*--l BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT @l re#nd-lurlw LI M- I K. ESNK€NSHIP BEACH FILL PLAN c-5.4 *es -jL or -!L jt,"* I ffiffi -,--,.-.-l::, d $ J ---- --hrr_._._..--,-*- - --,@..-.__,. @ !t 3 I 1 i ll ti ;I ?: 4:;i liti !;!t :!.il ti;ii iui ci # VILNGE OF KEY EISCAYNE E tra'hAbrccd6h rall ;MJ.-*3-. I EEACH RENOURISHMEI{T MAINTENANCE EVENT PROJECT A K AUNKENSHIP BEACH FILL PLAN '*.^' c-5.5 str -l?, oF -!L a '€ I a 3 'FI :t *; il J:ri ;:ii !i !:!i it Et,:t: *1 ii t--- -l tr VILUGE OF KEY BISCAYNE E tl/'hHh )atl BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT ;Tffi T. X. BUNKFNSHIP cFoss sEcTtoNs s&n -l-L oF -?L c-6.1 {"J;-"1 sl:rE AI S.,d 9' t-- /-t l-- s' €. H E E d 9' {. $ E; d STA 21+85.98 (B-102) -:. u d s \">t" :le\ | \ s' € tr s STA 26+s6.u (R-102.5) # VILNGE OF KEY BISCAYNE E tra'bAh l.)l 437 SW MH AVENUE SIIiE BEACH BENOURISHMENT MAINTENANCE EVENT PROJECT ;T "'.am-G*T; I K.AUNKENSHIP cRoss sEcTtoNs c-6.2 s*n l! or -!L N\ \ t,/ i/ :R \ --l I I Y 9 .:. H s 9t E s STA 31+06.aA (R-103) s € t 6 s d I ,5. F E 6 I I \i I rld s/( \ el{ \El" N L I s )s 6s STA 36+03.73 (R-103.5) # VILLAGE OF KEY BISCAYNE E tra'b-{b rchd.$lB ss 8L!E U@ON o&vE,sure4s )all noilall & nlchoj BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT bl----;;il;il-I;* r; M ]ffiF- FLUCEreEN!.S10 cBoss sEcTtoNs $FI -l!* OF -?L c-6.3 I dr6 dr6 ;lE I '6EJ i 6lDtsIAMEWrcNffiT NIl;K =]p*l:I rl ill ;IHs a/ xs t x SN\\).x <\\>'!l; \$17tt --l- I s'g F E s d { F s i STA 41+00.94 (R-104) s ,c. F ; d !' c. H E d i l el / Ht / I ;t! ;13 Hl' N }.' I I I I NvN \)v 3 I I t\I STA 46+00.07 (R-1 04.5) ri 1d # VILIGE OF Kil B'SCAYNE E tr?'hr{h rall t-€l l.'--.----l BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT ffi T, K. EUNKENSHIP cBoss sEcTtoNs c-6.4 _lL 20 I I 3: El* AF / cl: R1 s )- I l I N N v ^C'" l ;i I\r -\ I :_ EI !'t u F E STA 50+99.90 (R-105) I -t F E s d Gta Rll *l r flis {\\'\'$-.' fIii [- A so _** z"E#,_ K >" \\>'J"K .Kl^.,.,*1",^". s STA 55+93.05 (105.5) tL: Bt, elg *""i \\v l9 :l"r \ i l EI: Rt- El' $),'l $"vI Ie3I ,y s E VILUGE OF KEY BISCAYNE st F F $ 9 t. E ; E tra.t'{h&ad&*r*, $5I BLUE 66@N Dfl VE,SIIIE 4IO t.)t BEACH RENOURISHMENT MAINTENANCE EVENT PROJECTSTA 60+87.13 (R-106) 9- 1 F F s d I K, EUNKENSHIP cRoss sEcTtoNs c€.5 s*s -l-L * ?L EI: ff I N \.rt'v*\ )- x vx X )-x > -l -l "-"1^-"" J,,2 STA 65+58.78 (B-106.5) tr VILUGE OF Kil BISCAYNE E tta'b* tatl BEACH RENOURISHMEMT MAINTENANCE EVENT PROJECT I 1 K. AUNKENSHIP cRoss sEcTloNs c-6.6 -jL ot 20 I J t,. I I Eg Nv.1 N1l .N.svI I I Ip" ____J f6 qd v 9t F 6 { d I {_ t ; d STA 70+36.10 (R-107) +. E $ d { $ Ef ( IUNOWM;EDE*u* , D]SIAME FAil WME| I s! v- Flr Rl-E ;F'!i s,./ ,d ^ Ny;l ' d6 x S >" x \>.x-t s _/ --1 -l d4a&, ry' \ STA 75+51.s8 (R-107.5) w VILUGE OF KEY BISCAYNE E tl/'b'{h AC C.rrullln0, lic. l.)t f ffi___l BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT M DlN;--rc DUNE PLANTING PLAN c-7.1 +er -]1 or ?L "1 .r--+@a |- Nr z<@- - 4t#*itri j.:.ffi"h W 'yillx:ffifr [,|iiin":,8!{.t':!:j,TtrH*?m,," t.- d : t 3 9! :i:: !l z, i it gi !; ;l Ei }i ii DUNE PLANTING PLAN *Efi IL oF -?L c-7.2 * ULNGE OF KEY SISCAYNE E tla.bAb r.rl r--__-l BEACH RENOURISHMENT MAINTENANCE EVENT PROJECT A K BUNKENSHIP GMNAI fuNIiM MES t:ffiMLE tMDAreLv @o64t fO tE AmNnd# ilE W@ r4 aue s@H@trilfffi l2\rtHt,tebE toE Il7!.Y:r::vr"':-* l.--- ,/--*@"4 - F g * IM, AErcEAL 'ilY'SiYE ffi6 Fd 65T'EII$FD DUCS d6 Document e-signed by Charles R Press (cpress@kbpd.net) Signature Dalet 2021-02-24 - 1:35:22 PM GMT - Time Source: server- lP address: 50.234.239.90 Q Agreement completed. 2021-02-24 - 1:35:22 PM GMT @ nooue sign 3187s39-Construction Contract - Beach Renourishment - Ferreira Construction - FINAL with Exhibits for Execution_executed by DG-2 FinalAudit Report 2021-02-24 "3187s39-Construction Contract - Beach Renourishment - Ferreir a Construction - FINAL with Exhibits for Execution_executed by DG-2" History fi Document created by Thomas Fossler (tfossler@keybiscayne.fl.gov) 2021-02-23 - 2:54:1 9 PM GMT- lP address: 50.206.46. 1 8 E1 Document emailed to Danny Garcia (dgarcia@ferreiraconstruction.com) for signature 2021-02-23 - 2'.55:25 PM GMT fi Email viewed by Danny Garcia (dgarcia@ferreiraconstruction.com) 2021-02-23 - 3:04:46 PM GMT- lP address: 45,41.142.124 ts D ocument e-si gned by Dan ny G arcia (dgarcia@ferrei raconstruction. com) Signature Dale:2021-02-23 - 3:05:20 PM GMT - Time Source: server- lP address: 50.226.34.118 4 Document emailed to Chad Friedman (cfriedman@wsh-law.com)for signature 2021-02-23 - 3:05:22 PM GMT fi Emailviewed by Chad Friedman (cfriedman@wsh-law.com) 2021-02-24 - 3:02:01 AM GMT- lP address: 99.4.169.105 de Document e-signed by Chad Friedman (cfriedman@wsh-law.com) Signature Date:2021-02-24 - 3:03:35 AM GMT - Time Source: server- lP address: 99.4.169.105 El Document emailed to Charles R Press (cpress@kbpd.net) for signature 2021-02-24 - 3:03:37 AM GMT fi Emaitviewed by Charles R Press (cpress@kbpd.net) 2021-02-24 - 1:30:45 PM GMT- lP address: 50.234.239.90 @ noou" sisn Created: By: Status: Transaction lD: 2021-02-23 Thomas Fossler (tfossler@keybiscayne.fl .gov) Signed CBJCH BCAABMebW4rECrwCfBt3WQSOf-ebc63ak-o8M Pp