HomeMy Public PortalAbout2016-03 Selecting FHP Tectonics Corp for the construction of the dog park at the Village GreenORDINANCE NO. 2016-3
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, SELECTING
FHP TECTONICS CORP. FOR THE CONSTRUCTION OF
THE DOG PARK AT THE VILLAGE GREEN; PROVIDING
FOR AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne, Florida (the "Village") recently sought proposals,
in accordance with the Village Code of Ordinances, for the construction of the Dog Park at the
Village Green (the "Dog Park"); and
WHEREAS, after review and consideration of the proposals submitted, the Village's
consultant, Stantec, recommended that the Village Council select FHP Tectonics Corp. (the "FHP")
for the construction of the Dog Park as they were the lowest responsive responsible bidder; and
WHEREAS, the Village Council desires to select FHP for the construction of the Dog Park,
and authorizes the Village Manager to execute an agreement with FHP in substantially the form
attached hereto as Exhibit "A;" and
WHEREAS, the Village Council finds that this Ordinance is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS':
Section 1. Recitals. The preceding "Whereas" clauses are ratified and incorporated as
the legislative intent of this Ordinance.
Coding: underlined words are additions to existing text, struck through words are deletions from existing text,
shaded text reflects changes made from First Reading.
Section 2. FHP Selected. The Village Council hereby selects FHP for the construction
of the Dog Park in an amount not to exceed $809,000.
Section 3. Village Manager Authorized. The Village Manager is hereby authorized
to execute an agreement, in substantially the form attached hereto as Exhibit "A," with FHP for the
construction of the Dog Park in an amount not to exceed $809,000, subject to the Village Attorney's
approval as to form, content and legal sufficiency.
Section 4. Effective Date. This Ordinance shall become effective immediately upon
adoption on second reading.
PASSED on first reading this 12th day of January , 2016.
PASSED AND ADOPTED on second reading this 8th day of March , 2016.
MAY 4AYRA PENA LINDSA
CONCHITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIEN
LLAGE ATTORNEY
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Contract for Dog Pork at Village Green
Village of Key Biscayne
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made by and between
the VILLAGE OF KEY BISCAYNE, FLORIDA, o Horida municipal corporation (hereinafter
referred to as "Village"), and FHP TECTONICS CORP, an Illinois corporation, whose mailing
address is 2 South Federal Highway, Dania Beach, Florida 33004 (hereinafter referred to as
"Contractor").
WITNESSETH
WHEREAS, in response to the Village's Invitation to Bid, Contractor submitted a
proposal for the Project (as hereinafter defined);
WHEREAS, Contractor and Village, for the considerations hereinafter named, the
receipt and sufficiency of which is hereby acknowledged, agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1 Contractor hereby agrees to furnish all of the labor, materials, equipment,
services and incidentals necessary to perform the totality of the obligations
imposed upon the Contractor and all of the work for the DOG PARK AT VILLAGE
GREEN (the "Work" or "Project") in accordance with and as described in the
Plans and Specifications and Project Manual dated October 2015 (hereinafter
the "Contract Documents" as defined in Section 4.1) incorporated herein by
reference and made a part hereof, except that Deductive Alternatives DA -5
(new picnic tables, including umbrellas and concrete slabs), DA -10
(landscaping, including relocations) and DA -11 (tree removals) are accepted
by the Village and are therefore deleted from the Scope of Work and the Bid
Price reduced in accordance with amounts shown on the Bid Form; and
Additive Alternative A-1 (St. Augustine "Seville" sod in lieu of artificial turf) is
rejected by the Village and is not added to the Scope of Work or the Bid Price.
ARTICLE 2
CONTRACT TIME
2.1 Contractor shall be instructed to commence the Work by written instructions in the
form of a Notice to Proceed providing a commencement date and issued by the
Village Manager. The Notice to Proceed will not be issued until Contractor's
submittal to the Village of all required documents, including insurance certificates,
permits, submittal of certified copies of recorded Performance and Payment
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Bonds, and other documents required by the Contract Documents and only after
execution of this Contract.
2.2 The Contractor shall prosecute the Work with faithfulness and diligence and the
Work shall be substantially completed within one -hundred twenty (120) calendar
days from the date specified in the Notice to Proceed ("Substantial Completion")
so that the Village may occupy and use all or a portion of the Project for its
intended purpose. Achievement of Substantial Completion requires acceptance
by the Village that the Work is sufficiently complete and in accordance with the
Contract Documents so that the Village may occupy and use the Project for the
purpose and use for which it was intended, and the permitting governmental
authorities shall have issued final inspection and approval. The Work shall be fully
completed in accordance with the Contract Documents within one -hundred fifty
(150) calendar days from the date specified in the Notice to Proceed ("Final
Completion"), and on the date agreed to by Village when all Work has been
completed in accordance with the Contract Documents, including the satisfaction
of all requirements in Section 3.3 of this Contract for final payment.
2.3 Time is of the essence throughout this Contract and there will be monetary
damage to the Village in the event that the Work is not completed within the time
fixed for completion in this Contract. In as much as the actual damages for such
delay of performance is impossible to exactly determine, Contractor agrees that it
shall be liable for and shall pay Village liquidated damages for all delay damages
as set forth herein. Upon failure of Contractor to achieve Substantial Completion of
the Contract within one -hundred twenty (120) calendar days from the date
specified in the Notice to Proceed, Contractor shall pay to Village the sum of Five
Hundred Dollars ($500) for each calendar day that the Contractor failed to
achieve Substantial Completion. After Substantial Completion, should Contractor
fail to complete the remaining Work and achieve Final Completion within one -
hundred fifty (150) calendar days from the date specified in the Notice to Proceed,
Contractor shall pay to Village the sum of Five Hundred Dollars ($500) for each
calendar day after Substantial Completion that the Project has not achieved Final
Completion and readiness for final payment. These amounts are not penalties but
are liquidated damages payable by Contractor to village for the failure to provide
full beneficial occupancy and use of the Project as required. Liquidated damages
are hereby fixed and agreed upon between the parties who hereby acknowledge
the difficulty of determining the amount of damages that will be sustained by
Village as a consequence of Contractor's delay and failure of Contractor to
complete the Work on time.
2.4 Village shall inspect the Work and prepare and deliver to the Contractor a list of
uncompleted or defective portions of the Work ("Punchlist'). This Punchlist shall list
all items that Village has identified for correction or completion. When all items
listed on the Punchlist have been corrected or completed to the satisfaction of
Village, Village may certify Final Completion. Contractor understands and agrees
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that Final Completion cannot occur until such time as the Punchlist Work has been
completed so that the Project can be occupied and used by Village for its
intended purpose without disruption to Village.
2.5 Village is authorized to deduct liquidated damages from monies due to Contractor
for the Work under this Contract. In case the liquidated damage amount due to
Village by Contractor exceeds monies due Contractor from Village, Contractor
shall be liable and shall immediately upon demand by Village pay to Village the
amount of said excess.
ARTICLE 3
CONTRACT PRICE
3.1 Village shall pay to Contractor for the performance of the Contract, the total lump
sum of fight Hundred And Nine Thousand and 00/100 dollars ($809,000.00) (the
"Contract Price"). The Contract Price is determined by the Base Bid ($867,000) less
the deductions for acceptance by the Village Council of Deductive Alternatives
DA -5 ($17,000), DA -10 ($28,000) and DA -11 ($13,000). The 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, including the Work
described by Deductive Altematives DA -1 through DA -4 and DA -6 through DA -9A
that were rejected by the Village Council, in full conformity with the Contract
Documents and adjusted only by written change orders signed by both parties and
approved as required by local law.
3.2 Village shall pay the Contract Price above pursuant to the following schedule:
The Contractor may make monthly Applications for Progress Payments based on
either percentage of Work complete, as verified by the Village's Project Consultant,
or against a Schedule of Values submitted by the Contractor promptly upon receipt
of the Notice to Proceed and approved by the Village's Project Consultant.
Progress payments shall be subject to a ten percent (10%) retention and shall be
due and payable within 30 days of certification by the Village's Project Consultant.
The unpaid balance of the Contract Price, including retained amounts, shall be
paid to Contractor upon Final Completion of the Work in accordance with the
Contract Documents and acceptance by the Village and upon certification by
the Village's Project Consultant that the Work is complete and in accordance
with the Contract Documents ("Certification of Final Completion").
3.3 Upon Certification of Final Completion by the Village, the unpaid balance of the
Contract Price shall be due and payable to Contractor within thirty (30) days
after the following conditions are satisfied:
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(a)
Inspection and submission of evidence of approval of all the Work
requiring inspection by the Village and any governmental body,
inspection organization, bureau or association having jurisdiction over the
Work, within Contractor's responsibilities under this Contract;
(b) Village's approval of Contractor's final Application for Payment;
(c) Assignment of all manufacturers warranties or assignment of
subcontractors warranties on material or equipment installed;
(d) Final disbursements which are related to the performance of the Work by
Contractor or its subcontractors, sub -subcontractors, laborers or material
suppliers;
(e) Final waivers of lien from the Contractor and all vendors and
subcontractors which have provided labor and/or materials for
performance of the Work which shall accompany Contractor's
application for final payment;
(f) Contractor obtaining a certificate of completion or occupancy, as may
be required;
It is mutually agreed that no payment made under this Contract shall be
evidence of acceptance of defective or improper materials or workmanship.
3.4 Any payment by Village, including the final payment, does not constitute
approval or acceptance by Village of any item of the Work nor shall it be
construed as a waiver of any of the Village's rights hereunder or at law or in
equity.
3.5 This Contract is subject to the condition precedents that: (1) Village funds are
available and budgeted for the Contract Price; (ii) the Village secures and obtains
any necessary grants or loans for the accomplishment of this Project pursuant to
any borrowing legislation adopted by the Village Council relative to the Project;
and (iii) Village Council enacts legislation which awards and authorizes the
execution of this Contract, if such is required.
ARTICLE 4
CONTRACT DOCUMENTS
4.1 The Contract Documents, which comprise the entire agreement between the
Village and the Contractor concerning the Work, consist of (a) this Contract for
Construction (including any change orders and amendments thereto), (b) the
Project Manual and all bidding documents or procurement documents for the
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Project, (c) the Contractor's bid or proposal for the Project, (d) Insurance
Certificates, (e) Performance and Payment Bonds, (f) the Notice of Award, and (g)
the Notice to Proceed, all of which are deemed incorporated into and made a
part of this Contract by this reference and govern this Project. In the event of any
conflict among the foregoing, the documents shall govern in the order listed
herein. Contractor is reminded and hereby recognizes that all Work under this
Contract must comply with all applicable federal, state and local law. Any
mandatory clauses which are required by applicable law shall be deemed to be
incorporated herein.
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 of the Village. The Contractor
shall have the right to keep one record set of the Contract Documents upon
completion of the Project; however in no circumstances shall the Contractor use, or
permit to be used, any or all of such Contract Documents on other projects without
the Village's prior written authorization.
ARTICLE 5
INDEMNIFICATION
5.1 Contractor shall defend, indemnify, and hold harmless the Village, its officers,
agents and employees, from and against any and all demands, claims, losses, suits,
liabilities, causes of action, judgment or damages, including legal fees and costs and
through appeal, arising out of or, related to, or in any way connected with Contractor's
performance or non-performance of this Contract or with Contractor's obligations or
the Work related to this Contract, including by reason of any damage to property or
bodily injury or death incurred or sustained by any party. The Contractor shall defend,
indemnify, and hold the Village harmless from all losses, injuries or damages and wages
or overtime compensation due its employees in rendering services pursuant to this
Contract, including payment of reasonable attorneys' fees and costs in the defense of
any claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of
1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act or
any employment related litigation or worker's compensation claims under federal or
state law. The Contractor shall further defend, indemnify, and hold the Village harmless
from all fines, citations, court judgments, insurance claims, restoration costs or other
losses or liabilities arising out of or, related to, or in any way connected with
Contractor's performance or non-performance of this Contract or with Contractor's
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obligations or the Work related to this Contract. The provisions of this section shall
survive termination of this Contract.
ARTICLE 6
INSURANCE
6.1 CONTRACTOR shall secure and maintain throughout the duration of this
Agreement insurance of such types and in such amounts not less than those specified
below as satisfactory to VILLAGE, naming the VILLAGE as an Additional Insured,
underwritten by an insurance company rated A -X or better by A.M. Best and qualified
to do business in the State of Florida. The insurance coverage shall be primary insurance
with respect to the VILLAGE, its officials, employees, agents and volunteers naming the
VILLAGE as additional insured. Any insurance maintained by the VILLAGE shall be in
excess of the CONTRACTOR'S insurance and shall not contribute to the CONTRACTOR'S
insurance. The insurance coverages shall include at a minimum the amounts set forth in
this Article 6 and may be increased by the VILLAGE as it deems necessary or prudent.
(a)
Commercial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occurrence combined single limit for Bodily Injury
and Property Damage. This Liability Insurance shall also include Completed
Operations and Product Liability coverages. The General Aggregate
Liability limit and the Products/Completed Operations Liability Aggregate
limit shall be in the amount of $2,000,000 each.
(b) Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal
laws. The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of
the CONTRACTOR shall be allowed to provide Services pursuant to this
Agreement who is not covered by Worker's Compensation insurance.
(c) Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property
Damage. Coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Service Office, and
must include Owned, Hired, and Non -Owned Vehicles.
(a)
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Certificate of Insurance. Certificates of Insurance shall be provided to the
VILLAGE, reflecting the VILLAGE as an Additional Insured, no later than ten
(10) days after award of this Agreement and prior to the execution of this
Agreement by VILLAGE and prior to commencing any Services. Each
certificate shall include no less than (30) thirty -day advance written notice
to VILLAGE prior to cancellation, termination, or material alteration of said
Contract for Dog Park at Village Green
Village of Key Biscayne
policies or insurance. The CONTRACTOR shall be responsible for assuring
that the insurance certificates required by this Section remain in full force
and effect for the duration of this Agreement, including any extensions or
renewals that may be granted by the VILLAGE. The Certificates of
Insurance shall not only name the types of policy(ies) provided, but also
shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The VILLAGE reserves the right
to inspect and return a certified copy of such policies, upon written
request by the VILLAGE. If a policy is due to expire prior to the completion
of the Services, renewal Certificates of Insurance shall be furnished thirty
(30) calendar days prior to the date of their policy expiration. Each policy
certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the VILLAGE before
any policy or coverage is cancelled or restricted. Acceptance of the
Certificate(s) is subject to approval of the VILLAGE.
(e)
Additional Insured. The VILLAGE is to be specifically included as an
Additional Insured for the liability of the VILLAGE resulting from Services
performed by or on behalf of the CONTRACTOR in performance of this
Agreement. The CONTRACTOR'S insurance, including that applicable to
the VILLAGE as an Additional Insured, shall apply on a primary basis and
any other insurance maintained by the VILLAGE shall be in excess of and
shall not contribute to the CONTRACTOR'S insurance. The CONTRACTOR'S
insurance shall contain a severability of interest provision providing that,
except with respect to the total limits of liability, the insurance shall apply
to each Insured or Additional Insured (for applicable policies) in the same
manner as if separate policies had been issued to each.
(f) Deductibles. All deductibles or self -insured retentions must be declared to
and be reasonably approved by the VILLAGE. The CONTRACTOR shall be
responsible for the payment of any deductible or self -insured retentions in
the event of any claim.
(g) The provisions of this section shall survive termination of this Agreement.
ARTICLE 7
CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
In order to induce the Village to enter into this Contract, the Contractor makes
the following representations and warranties:
7.1 Contractor represents the following:
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7.1.1 Contractor has examined and carefully studied the Contract Documents
and any other data identified in the bidding documents, including,
without limitation, the "technical data" and plans and specifications.
7.1.2 Contractor has visited the Project site and become familiar with and is
satisfied as to the general and local conditions and site conditions that
may affect cost, progress, performance or furnishing of the Work.
7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local
laws, regulations and permits that may affect cost, progress, performance
and furnishing of the Work. Contractor agrees that it will at all times
comply with all requirements of the foregoing laws, regulations and
permits.
7.1.4 Contractor has made, or caused to be made, examinations,
investigations, tests and/or studies as necessary to determine surface and
subsurface conditions at or on the Project site. Contractor acknowledges
that the Village does not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract
Documents with respect to underground or ground facilities at,
contiguous or near the Project site or for existing improvements at or near
the Project site. Contractor has obtained and carefully studied (or
assumes responsibility for having done so) all such additional
supplementary examinations, investigations, explorations, tests, studies
and data concerning conditions (surface, subsurface and underground
facilities and improvements) at, contiguous or near to the Project site or
otherwise which may affect cost, progress, performance or furnishing of
the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed
by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations,
investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the
Contract Time as specified in Article 2 of this Contract and in accordance
with the other terms and conditions of the Contract Documents.
7.1.5 Contractor is aware of the general nature of Work to be performed by the
Village and others at the Project site that relates to the Work as indicated
in the Contract Documents.
7.1.6 Contractor has correlated the information known to Contractor,
information and observations obtained from visits to the Project site,
reports and drawings identified in the Contract Documents and all
additional examinations, investigations, explorations, tests, studies and
data with the Contract Documents.
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7.1.7 Contractor has given Village written notice of all conflicts, errors,
ambiguities or discrepancies that Contractor has discovered in the
Contract Documents and the written resolution thereof by Village is
acceptable to Contactor, and the Contract Documents are generally
sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
7.1 .8 The Contractor agrees and represents that it possesses the requisite skills to
perform the Work and that the Work shall be executed in a good and
workmanlike manner, free from defects, and that all materials shall be
new and approved by or acceptable to Village, except as otherwise
expressly provided for in the Contract Documents. The Contractor shall
cause all materials and other parts of the Work to be readily available as
and when required or needed for or in connection with the construction,
furnishing and equipping of the Project.
7.2 Contractor warrants the following:
7.2.1 Anti -Discrimination: Contractor agrees that it will not discriminate against
any employees or applicants for employment or against persons for any
other benefit or service under this Contract because of race, color,
religion, sex, national origin, or physical or mental handicap where the
handicap does not affect the ability of an individual to perform in a
position of employment, and agrees to abide by all federal and state laws
regarding non-discrimination.
7.2.2 Anti -Kickback: Contractor warrants that no person has been employed or
retained to solicit or secure this Contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the Village has any interest,
financially or otherwise, in the Project. For breach or violation of this
warranty, the Village shall have the right to annul this Contract without
liability or, in its discretion, to deduct from the Contract Price or
consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
7.2.3 Licensing and Permits: Contractor warrants that it shall have, prior to
commencement of Work under this Contract and at all times during said
Work, all required licenses and permits whether federal, state, County or
Village for performance of the Work. Contractor acknowledges that it is
the obligation of Contractor to obtain all licenses and permits required for
this Project. The permits are: Village Permits, including Building Permit.
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ARTICLE 8
DEFAULT AND TERMINATION
8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with
sufficient workers and equipment or with sufficient materials to insure the prompt
completion of the Work within the Contract Time as specified in Article 2, or shall
perform the Work unsuitably, or cause it to be rejected as defective and
unsuitable, or shall discontinue the prosecution of the Work pursuant to the
Contract Time, or if the Contractor shall fail to perform any material term set forth in
the Contract Documents, or if Contractor shall become insolvent or be declared
bankrupt, or commit any act of bankruptcy or insolvency, or shall make an
assignment for the benefit of creditors, or from any other cause whatsoever shall
not carry on the Work in an acceptable manner, Village may, upon seven (7) days
written Notice of Termination, terminate the services of Contractor, exclude
Contractor from the Project site, provide for alternate prosecution of the Work,
appropriate or use any or all materials and equipment on the Project site as may
be suitable and acceptable, and may finish the Work by whatever methods it may
deem expedient. In such case, Contractor shall not be entitled to receive any
further payment until the Project is completed. All damages, costs and charges
incurred by Village, together with the costs of completing the Project, shall be
deducted from any monies due or which may become due to Contractor. In case
the damages and expenses so incurred by Village shall exceed monies due
Contractor from Village, Contractor shall be liable and shall pay to Village the
amount of said excess promptly upon demand therefore by Village. In the event it
is adjudicated that Village was not entitled to terminate the Contract as described
hereunder for default, the Contract shall automatically be deemed terminated by
Village for convenience as described below.
8.2 This Contract may be terminated by the Village for convenience upon seven (7)
calendar days' written notice to the Contractor. In the event of such a
termination, the Contractor shall incur no further obligations in connection with
the Project and shall, to the extent possible, terminate any outstanding
subcontractor obligations. The Contractor shall be compensated for all services
performed through the date of termination to the satisfaction of the Village. In
such event, the Contractor shall promptly submit to the Village its Application for
Payment for final payment which shall comply with the provisions of the Contract
Documents.
8.3 Notwithstanding any other provisions of the Contract Documents, the Village shall
have the rights of termination set forth in this Section 8 without any requirement or
condition precedent that a claim or dispute be subject to dispute resolution
procedures or mediation. The Village shall have the right to terminate the Contract
as set forth in this Section 8 without any requirement for dispute resolution or
mediation.
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ARTICLE 9
MISCELLANEOUS
9.1 No Assignment.
Neither party shall assign the Contract or any sub -contract in whole or in part
without the written consent of the other, nor shall Contractor assign any monies due or to
become due to it hereunder, without the previous written consent of the Village Manager.
9.2 Contractor's Responsibility for Damaaes and Accidents.
9.2.1 Contractor shall accept full responsibility for the Work against all loss or
damage of any nature sustained until final acceptance by Village, and shall
promptly repair any damage done from any cause.
92.2 Contractor shall be responsible for all materials, equipment and supplies
pertaining to the Project. In the event any such materials, equipment and
supplies are lost, stolen, damaged or destroyed prior to final acceptance by
Village, Contractor shall replace same without cost to Village.
9.3 Defective Work; Warranty and Guarantee.
9.3.1 Unless otherwise provided for in the Contract Documents, all materials and
equipment incorporated into any Work covered by this Contract shall be
new and of the most suitable grade of their respective kinds for their
intended use, and all workmanship shall be in accordance with construction
practices acceptable to Village. Contractor warrants to Village all labor,
equipment and materials furnished or performed under this Contract
against defects in materials and workmanship. Village shall have the
authority to reject or disapprove Work which the Village finds to be
defective. If required by the Village, Contractor shall promptly either correct
all defective Work or remove such defective Work and replace it with non -
defective Work. Contractor shall bear all direct, indirect and consequential
costs of such removal or corrections, including the 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 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
Contractors expense. Any expense incurred by Village in making such
removals, corrections or repairs, shall be paid for out of any monies due or
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which may become due to Contractor. In the event of failure of Contractor
to make all necessary repairs promptly and fully, Village may declare
Contractor in default.
93.3 The Contractor shall unconditionally warrant and guarantee all labor,
materials and equipment fumished and Work performed, regardless of
whether the same were performed by the Contractor or by any of its
subcontractors, for a period of one (1) year from the date of Substantial
Completion as required by Florida law, unless longer warrantees or
guarantees are provided for elsewhere in the Contract Documents, in which
case the longer periods of time shall prevail. If, within one (1) year after the
date of substantial completion, any of the Work is found to be defective or
not in accordance with the Contract Documents, Contractor, after receipt
of written notice from Village, shall promptly correct such defective or
nonconforming Work within the time specified by Village without cost to
Village. Nothing contained herein shall be construed to establish a period
of limitation with respect to any other obligation which Contractor might
have under the Contract Documents including but not limited to any claim
regarding latent defects. Contractor shall provide and assign to Village all
material and equipment warranties upon completion of the Work
hereunder.
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 Legal Restrictions and Hours of Work
Contractor shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of Work and Contractor's general
operations. Contractor shall conduct its operations so as not to interfere with or close any
road, right-of-way or access area, without the written consent of the Village or goveming
jurisdiction. Work is anticipated to be performed Monday through Friday in accordance
with the requirements and limitations of applicable law including, without limitation,
Chapter 17 of the Village Code. The Contractor shall not perform Work beyond the
time and days provided herein without the prior written approval of the Village.
9.5 Examination and Retention of Contractor's Records.
9.5.1 Village or any of its duly authorized representatives shall, until three (3) years
after final payment under this Contract, have access to and the right to examine
any of the Contractor's books, ledgers, documents, papers, or other records
involving transactions related to this Contract ("Records") for the purpose of
making audit, examination, excerpts, and transcriptions. In addition, the
Contractor agrees to comply specifically with the provisions of Section 119.0701,
Florida Statutes.
00500- 12
Contract for Dog Park at Village Green
Village of Key Biscayne
9.5.2 The Contractor agrees to include in any subcontractor contracts for this
Project corresponding provisions for the benefit of Village providing for retention
and audit of records.
9.5.3 The right to access and examination of records stated herein and in any
subcontracts shall survive termination or expiration of this Contract and continue
until disposition of any mediation, claims, litigation or appeals related to this Project.
9.5.4 The Village may cancel and terminate this Contract immediately for refusal
by the Contractor to allow access by the Village Manager or his designee to any
Records pertaining to Work performed under this Contact that are subject to the
provisions of Chapter 119, Florida Statutes.
9.6 No damages for delay.
CONTRACTOR SHALL NOT BE ENTITLED TO AND HEREBY WAIVES ANY AND ALL
DAMAGES OR ANY CLAIM BY REASON OF DELAY AGAINST VILLAGE, AND SHALL HAVE NO
CLAIM OTHER THAN FOR AN EXTENSION OF TIME BY REASON OF ANY DELAYS. Contractor
shall not be entitled to an increase in the Contract Price or payment or compensation of
any kind from Village for direct, indirect, consequential, impact or other costs, expenses or
damages, including but not limited to, lost profits, overhead, costs of acceleration or
inefficiency, arising because of delay, disruption, interference or hindrance from any
cause whatsoever, whether such delay, disruption, interference or hindrance be
reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable
or whether or not caused by Village. Contractor shall be entitled only to extensions of the
contract time as the sole and exclusive remedy for such resulting delay. Notwithstanding
the above, Contractor may be granted an extension of time and suspension of liquidated
damages for any delay beyond the reasonable control of the Contractor. Should any
delay, disruption, interference or hindrance be solely and intentionally caused by the
Village, for a continuous period or cumulative period of thirty (30) days, the Contractor
may terminate the Contract upon fifteen (15) days written notice to the Village.
9.7 Authorized Representative.
9.7.1 Before commencing the Work, Contractor shall designate a competent,
authorized representative ("Authorized Representative") acceptable to
Village to represent and act for Contractor and shall inform Village, in
writing, of the name and address of such representative together with a
clear definition of the scope of his authority to represent and act for
Contractor. Contractor shall keep Village informed of any subsequent
changes in the foregoing. Such representative shall be present or duly
represented at the Project site at all times when Work is actually in
progress. All notices, determinations, instructions and other
00500- 13
Contract for Dog Park at Village Green
Village of Key Biscayne
communications given to the authorized representatives of Contractor
shall be binding upon the Contractor.
9.7.2 The Authorized Representative, project managers, superintendents and
supervisors for the Project are all subject to prior and continuous approval
of Village. If, at any time during the term of this Contract, any of the
personnel either functionally or nominally performing any of the positions
named above, are, for any reasonable cause whatsoever, unacceptable
to Village, Contractor shall replace the unacceptable personnel with
personnel acceptable to Village.
9.8 Taxes.
Contractor shall pay all taxes, levies, duties and assessments of every nature
which may be applicable to any Work under this Contract. The Contract Price and any
agreed variations thereof shall include all taxes imposed by law at the time of this
Contract. Contractor shall make any and all payroll deductions required by law.
Contractor herein indemnifies and holds Owner harmless from any liability on account
of any and all such taxes, levies, duties and assessments.
9.9 Utilities.
Contractor shall, at its expense, 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 Safety.
Contractor shall be fully and solely responsible for safety and conducting all
operations under this Contract at all times in such a manner as to avoid the risk of
bodily harm to persons and damage to property. Contractor shall continually and
diligently inspect all Work, materials and equipment to discover any conditions which
might involve such risks and shall be solely responsible for discovery and correction of
any such conditions. Contractor shall have sole responsibility for implementing its safety
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.
00500- 14
Contract for Dog Park at Village Green
Village of Key Biscayne
9.11 Cleanina Uo.
Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean
and safe condition. Upon completion of any portion of the Work, Contractor shall
promptly remove all of its equipment, construction materials, temporary structures and
surplus materials not to be used at or near the same location during later stages of
Work. Upon completion of the Work and before final payment is made, Contractor
shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other
equipment and materials belonging to it or used in the performance of the Work and
Contractor shall leave the Project in a neat. clean and safe condition. In the event of
Contractor's failure to comply with the foregoing, the same may be accomplished by
Village at Contractor's expense.
9.12 Rights and Remedies.
The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder and in accordance with this Contract shall be in
addition to and not a limitation of any duties, obligations, rights and remedies otherwise
imposed or available by law.
9.13 Public Entity Crimes Affidavit.
Contractor shall comply with Section 287.133, Florida Statutes, (Public Entity Crimes
Statute) notification of which is hereby incorporated by reference, including execution of
any required affidavit.
9.14 Caoitalzed Terms.
Capitalized terms shall have their plain meaning as indicated herein.
9.15 Independent Contractor.
The Contractor is an independent contractor under this Contract. This Contract
does not create any partnership nor joint venture. Services provided by the Contractor
shall be by employees of the Contractor and subject to supervision by the Contractor,
and not as officers, employees, or agents of the Village. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits, purchasing
policies and other similar administrative procedures, applicable to services rendered
under the Contract shall be those of the Contractor.
9.16 Payment to Sub -Contractors
Certification of Payment to Subcontractors: The term "subcontractor", as used
herein, includes persons or firms furnishing labor, materials or equipment incorporated into
or to be incorporated into the Work or Project. The Contractor is required to pay all
00500- 15
Contract for Dog Park at Village Green
Village of Key Biscayne
subcontractors for satisfactory performance of their contracts as a condition precedent to
payment to Contractor by the Village. The Contractor shall also return all retainage
withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily
complete and accepted by the Village.
9.17 Liens,
Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be
filed against the Project site or any part thereof by reason of any Work, labor, services or
materials supplied or claimed to have been supplied to the Project. In the event such a
lien is found or claimed against the Project, Contractor shall within ten (10) days after
notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be
recorded in the public records of Miami -Dade County, Florida, or cause such lien to be
transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of
Miami -Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In
the event Contractor fails to so discharge or bond the lien or liens within such period as
required above, Village shall thereafter have the right, but not the obligation, to
discharge or bond the lien or liens. Additionally, Village shall thereafter have the right,
but not the obligation, to retain out of any payment then due or to become due
Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay
Village's reasonable attorneys' fees and costs incurred in connection therewith.
9.18 Govemina Law.
This Contract shall be construed in accordance with and governed by the laws
of the State of Florida. Venue for any litigation arising out of this Contract shall be
proper exclusively in Miami -Dade County, Florida.
9.19 Waiver of Jury Trial.
Village and Contractor knowingly, irrevocably, voluntarily and intentionally
waive any right either may have to a trial by Jury In State and or Federal court
proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon
the Contract for Construction, arising out of, under, or in connection with the
Construction of the Work, or any course of conduct, course of dealing, statements or
actions or inactions of any party.
9.20 Notices/Authorized Representatives.
Any notices required by this Contract shall be in writing and shall be deemed to
have been properly given if transmitted by hand -delivery, by registered or certified mail
with postage prepaid return receipt requested, or by a private postal service, addressed
to the parties (or their successors) at the following addresses:
00500- 16
Contract for Dog Park at Village Green
Village of Key Biscayne
For the Village: John C. Gilbert
Village Manager
88 W. McIntyre Street
Key Biscayne, Florida 33149
With a copy to: Stephen Helfman, Esq.
Village Attorney
Weiss Serota Helfman
Cole & Bierman, P.L.
2525 Ponce de Leon Blvd. Ste. 700
Coral Gables, Florida 33134
For The Contractor: Riley Barron
Operations Manager
2501 E. Commercial Boulevard
Fort Lauderdale, FL 33308
9.21 Prevailing Party: 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 reasonable
costs, expenses and attorneys' fees including, but not limited to, court costs and other
expenses through all appellate levels.
[SIGNATURE PAGE FOLLOWS]
00500- 17
Contract for Dag Park at VRlage Green
Village of Key 3iscayne
IN WITNESS WHEREOF, the parties hereto have made and executed this Contract
on t e respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA,
si. j. by • d th •� . its Village Manager authorized to execute same by Council action
6, and FHP TECTONICS CORP., signing by and through
duly authorized to execute same.
VILLAGE:
Village of Key Biscayne, Florida, a Florida
municipal corporation
Approved as to Form
and Legal Sufficiency:
IiKG�
V' •ge Attorney
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION
FORMAT, AS APPLICABLE.
ATTEST:
`440
A .(Secretary)
00500-18
CONTRACTOR:
Nan(e:f 1 {?iL4 Sri
Title: opiatArtwif HAtaj aL- /Atn4R1z .4, Jtr
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami. Miami -Dade County. Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
f/k/a Miami Review, a daily (except Saturday. 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 - ORDINANCES - MEETING -
FEB. 23 2016
in the XXXX Court,
was published in said newspaper in the issues of
02/11/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami -Dade County, Florida and that the 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
(SEAL)
MARIA MESA personally known to me
MY COMMISSION a FF231407
EXPIRES May 17 2019
ro•avYoayse-..:car
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
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, 2016 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida:
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, SELECTING FHP TECTONICS CORP.
FOR THE CONSTRUCTION OF THE DOG PARK AT THE VILLAGE
GREEN; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VILLAGE
OF KEY BISCAYNE, 'FLORIDA, AUTHORIZING THE PURCHASE OF
THE REAL PROPERTY LOCATED AT 401 HAMPTON LANE, KEY
BISCAYNE, FLORIDA 33149; PROVIDING FOR AUTHORIZATION; AND
PROVIDING FOR AN EFFECTIVE DATE. ,
The proposed Ordinances may be inspected by the public at the Office of
the Village Clerk. Interested parties may appear at the Public Hearing and
be heard with respect to the proposed Ordinances. Any person wishing to
address the Village Council on any item at this Public Hearing is asked to
register with the Village Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in
this proceeding because of that disability should contact the Office of the
Village Clerk, 86 West McIntyre Street, Suite 220, Key Biscayne, Florida
33149, telephone number (305) 365-5506, not later than two business days
prior 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. 286.0105).
Comments of any interested party relative to this matter may be submitted
in writing and or presented in person at the public. hearing.
Corchita H. Alvarez, MMC
Village Clerk
2/11 16-92/0000078133M