HomeMy Public PortalAbout2022-27 Selecting Restate Construction, LLC for the Public Beach Access Improvements Project.pdfRE S O L U T I O N N O . 2 0 2 2 -2 7
A C A P I T A L P R O J E C T A U T H O RI Z I N G RE S O L U T I O N O F
T H E V I L L A G E C O U N C IL O F T H E V IL L A G E O F K E Y
B I S C A Y N E , F L O RI D A , S E L E C T IN G RE S T A T E
C O N S T R U C T I O N L L C F O R T H E P U B L I C B E A C H A C C E S S
I M P R O V E M E N T S P R O J E C T I N A N A M O U N T N O T T O
E X C E E D $11 0 ,0 0 0 ; P R O V ID I N G F O R A U T H O RI Z A T IO N ;
A N D P R O V I D I N G F O R A N E F F E C T I V E D A T E .
W H E RE A S , on April 8, 2022, the Village of Key Biscayne ("Village") issued Invitation to
Bid No. 2022-08 (the "ITB") for the Public Beach Access Improvements Project (the "Capital
Project"); and
WHEREAS, two responsive bids were received by the 1TB deadline; and
WHEREAS, after review and evaluation of the submitted bids, the Village Manager
recommended that Restate Construction LLC (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 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 $110,000, in substantially the form attached hereto as Exhibit
"A" (the "Construction Contract"); and
WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare
of the citizens of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2.
the Capital Project.
Section 3.
Selection. That the Village Council hereby selects the Contractor to perform
Authorization. That the Village Council hereby authorizes the Village
Manager to negotiate and execute an agreement with the Contractor for the Capital Project, in an
amount not to exceed $110,0000, in substantially the form attached hereto as Exhibit "A," subject to
Page l of 2
th e V ill a g e A tt o rn e y 's a p p r o v al a s to fo rm , c o n t e n t, a n d le g a l s u ffi c ie n c y . If a n a g r e e m e n t c a nn o t b e
r e a c h e d w it h th e C o n t ra c t o r , th e V i ll a g e M an a g e r is a u th o r iz e d to n e g o t ia t e an d e x e c u te an a g r e e m e n t
w it h th e n e x t h i g h e s t ra nk e d b id d e r (s ), in o r d e r o f ra n k in g b a s e d o n th e b a s e b id fo r th e s e c o n d
a lt e rn a t e b id , u n t il a n a g r e e m e n t in th e b e s t in te r e s t o f t h e V ill a g e is r e a c h e d .
Section 4.
adoption.
Effective Date. That this Resolution shall be effective immediately upon
MICHAEL W. DA VEY
MAYOR
ATTEST:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
~J~
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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DocuSign Envelope ID: 3EF 48128-28F0-4199-A819-8470498B828A
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this 14th
day of June , 2022 (the "Effective Date") by and between the VILLAGE OF
KEY BISCAYNE, FLORIDA, a Florida municipal corporation, (the "Village"), and RESTATE
CONSTRUCITON LLC, a Florida limited liability company (the "Contractor").
WHEREAS, in response to Invitation to Bid No. 2022-08 for the Public Beach Access
Improvements Project (the "Work," as further defined herein), the 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; and
WHEREAS, the Work or Project consists of the site work and clearing necessary for, and the
construction of a five to six foot wide brick paver path as detailed in the plans; and
WHEREAS, Contractor has represented to the Village that it possesses the necessary
qualifications, experience, and abilities to perform the Work and has agreed to provide the Work on
the terms and conditions set forth in this Contract.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. SCOPE OF WORK
1.1. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the work described in the Contract Documents, including,
without limitation as described in the approved plans, drawings and/or specifications prepared by
the Village of Key Biscayne Department of Public Works, attached hereto as Exhibit "B" (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:
PUBLIC BEACH ACCESS IMPROVEMENTS
Work includes, but is not limited to, clearing, site work, tree removal, removal and replacement
of chain link fencing, foundation prep, erosion control, curb and paver furnish and install,
installation of a bicycle rack, and all other work as indicated on the plans.
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 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 one hundred (100)
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calendar days from the date specified in the Notice to Proceed ("Contract Time"). Substantial
Completion shall be defined for this purpose as the date on which Village receives beneficial use of
the Project. The Work shall be fully completed in accordance with the Contract
Documents within one hundred twenty (120) calendar days from the date specified 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 Three Hundred Dollars ($300.00) 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 Two Hundred Dollars ($200.00) 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 ofthe Project for
which a time for completion is given.
2.4. Village is authorized to deduct the liquidated damages from monies due to Contractor for the
Work under this Contract. In case the liquidated damage amount due to Village by Contractor
exceeds monies due Contractor from 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
$110,000.00 in accordance with the line items and unit prices included in Exhibit A. 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 of the 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 10th of each month for the prior month. Progress payments shall be made in an
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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 five percent
(5%) 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.
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.
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4.2. This Contract incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of these
Contract Documents that are not contained herein. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral or
written.
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.
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 ofreasonable 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.
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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 of Contractor. 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. 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 rmrumum 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. Builder's Risk property insurance upon the entire Work to the full replacement
cost value thereof. This insurance shall include the interest of Village and Contractor
and shall provide All-Risk coverage against loss by physical damage including, but not
limited to, Fire, Extended Coverage, Theft, Vandalism and Malicious Mischief.
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
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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.
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 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.
7.1.1.2. 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.
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7.1.1.3. 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.
7.1.1.4. 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
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
site or for existing improvements at or near the 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 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 and in accordance with the other terms and
conditions of the Contract Documents.
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 furnishing 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 warrants 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
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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. 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 sufficient
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 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
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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 Responsibility for Damages and Accidents.
9.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of
any nature sustained until final acceptance by Village and shall promptly repair any damage
done from any cause.
9.2.2. Contractor shall be responsible for all materials, equipment and supplies pertaining to
the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged
or destroyed prior to final acceptance by Village, Contractor shall replace same without cost
to Village.
9.3. Defective Work. Warranty and Guarantee.
9.3.1. 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 furnished and Work performed for a period of one (1) year from the date of
Substantial Completion. If, within one (1) year after the date of substantial completion, any
of the Work is found to be defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from Village, shall promptly correct such defective
or nonconforming Work within the time specified by Village without cost to Village. 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.
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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; Hours of Work; Traffic Provisions. Contractor shall conform to and
obey all applicable laws, regulations, or ordinances with regard to labor employed, hours of Work
and Contractor's general operations. Contractor shall conduct its operations so as not to interfere
with or close any thoroughfare, without the written consent of the Village or governing jurisdiction.
Work is anticipated to be performed Monday through Friday in accordance with the requirements
and limitations of applicable law including, without limitation, 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, 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 designees 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. 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 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
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Village to represent and act for Contractor and shall inform Village, in writing, of the name
and address of such representative together with a clear definition of the scope of his
authority to represent and act for Contractor. Contractor shall keep Village informed of any
subsequent changes in the foregoing. Such representative shall be present or duly
represented at the Project site at all times when Work is actually in progress. All notices,
determinations, instructions and other communications given to the authorized
representatives of Contractor shall be binding upon the Contractor.
9.7.2. The Authorized Representative, project managers, superintendents and supervisors
for the Project are all subject to prior and continuous approval of the 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 the Village, Contractor shall replace the unacceptable personnel with
personnel acceptable to the 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.
9.11. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat,
clean and safe condition. Upon completion of any portion of the Work, Contractor shall
promptly remove all of its equipment, construction materials, temporary structures and surplus
materials not to be used at or near the same location during later stages of Work. Upon
completion of the Work and before final payment is made, Contractor shall, at its expense,
satisfactorily dispose of all rubbish, unused materials and other equipment and materials
belonging to it or used in the performance of the Work and Contractor shall leave the Project
in a neat, clean and safe condition. In the event of Contractor's failure to comply with the
foregoing, the same may be accomplished by Village at Contractor's expense.
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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, and (Public 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 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 subcontractors for satisfactory performance of their contracts as a condition
precedent to payment to Contractor by the Village. The Contractor shall also return all retainage
withheld to the subcontractors within 30 days after the subcontractor's work is satisfactorily
complete and accepted by the Village.
9.17. Liens. Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be
filed against the Project site or any part thereof by reason of any Work, labor, services or materials
supplied or claimed to have been supplied to the Project. In the event such a lien is found or
claimed against the Project, Contractor shall within ten ( 10) days after notice of the lien
discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public
records of Miami-Dade County, Florida, or cause such lien to be transferred to a bond, or post
a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade County, Florida, to
discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so
discharge or bond the lien or liens within such period as required above, Village shall thereafter
have the right, but not the obligation, to discharge or bond the lien or liens. Additionally,
Village shall thereafter have the right, but not the obligation, to retain out of any payment then
due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien
and to pay Village's reasonable attorneys' fees and costs incurred in connection therewith.
9.18. Governing Law. This Contract shall be construed in accordance with and governed by
the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be
proper exclusively in Miami-Dade County, Florida.
9.19. Waiver of Jury Trial. VILLAGE AND CONTRACTOR KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT
PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR
COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISING
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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 addresses listed on the signature
page of this Contract or such other address as the party may have designated by proper notice.
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 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 119.0701, Florida Statutes. Contractor shall ensure that public records that are
exempt or confidential and exempt from 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 119, 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, surveys, and other data and 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
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(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 Section 119.0701(2)(a), 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 RECORD S: JOCELYN B. KOCH, VILLAGE CLERK, 88
WEST MCINTYRE STREET, KEY BISCAYNE, FL 33149, 305-365-
5506, JKOCH@KEYBISCA YNE.FL.GOV.
9.23. Conflicts; Order of Priority. This document without exhibits is referred to as the "Base
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;
9.23.2. Second Priority: This Base Agreement;
9.23.3. Third Priority: "State and Local Fiscal Recovery Funds (SLFRF) Final Rule";
9.23.4. Fourth Priority: "U.S. Department of the Treasury Coronavirus State and Local Fiscal
Recovery Funds Award Terms and Conditions (Assistance Listing Number 21.019)";
9.23.5. Fifth Priority: "American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement";
9.23.6. Sixth Priority: Exhibit C, "Assurances of Compliance with Title VI of the Civil Rights
Act of 1964";
9.23.7. Eighth Priority: Exhibit A, "Village of Key Biscayne Public Works Department
Plans";
9.23.8. Ninth Priority: Exhibit B, "Contractor's Proposal."
10. SPECIAL CONDITIONS. The following provisions in this Section 10 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:
10.1. Pre-Construction Conference. Within fourteen (14) calendar days after this Contract is
executed by both parties, and before any Work has commenced, a pre-construction conference
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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.
10.2. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
10.2.1. Schedule must identify the schedule for each location comprising the Project. The
proposed Project schedule must be submitted 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.
10.2.2. 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 Change Order that impacts the
Contract Time. Failure to submit such schedules will result in the rejection of any submitted
payment application.
10.2.3. All Project Schedules must be prepared in Microsoft Project or approved equal by the
Village. 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.
10.2.4. 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).
10.3. 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. Each line item must
be identified with the number and title of the 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.
10.4. 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
of photographs 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 1 O" 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 identifying the name of the Project, the name
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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.
10.5. Staging Site.
10.5.1. The Contractor is solely responsible for making all arrangements 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.
10.5.2. 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.
10.5.3. 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.
10.6. Parking. No parking is permitted at a Village provided staging site without the prior written
approval of the Village.
10.7. Project Signage. Contractor must furnish 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. Royalties and Patents. All fees, royalties, and claims for any invention, or pretended
inventions, or patent of any article, material, arrangement, 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 Delivery, Storage 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 all equipment 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 FOOT), 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 of the 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.
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10.11. Unsatisfactory Personnel.
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. Change Orders.
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 amount, 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.
10.12.1.2. 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
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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. 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 Contractor, then the Contract Time shall be extended subject to
the following conditions:
10.12.2.1. 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;
10.12.2.2. 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;
10.12.2.3. The Contractor demonstrates that the completion of the Work will actually be
affected by the cause of the delay;
10.12.2.4. The delay cannot be avoided or mitigated by the exercise of all reasonable
precautions, efforts, and measures of the Contractor.
10.12.3. Continuing the Work. 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. As-Built Drawings. During the Work, Contractor must maintain records of all deviations
from the Drawings as approved by the Project Consultant and prepare two copies of As-Built
Record Drawings showing correctly and accurately all changes and deviations made during
construction to reflect the Work as it was actually constructed. It is the responsibility of the
Contractor to check the As-Built Drawings for errors and omissions prior to submittal to the
Village and to certify in writing that the As-Built Record Drawings are correct and accurate,
including the actual location of all infrastructure, internal piping, and electrical/signal conduits in
or below the concrete floor (indicating the size, depth, and voltage in each conduit). To record
actual construction, Contractor must legibly mark on-site structures and site Work as follows:
10.13.1. Depths of various elements of foundation in relation to finish first floor datum.
10.13.2. All underground piping and ductwork with elevations and dimensions and locations
of valves, pull boxes, etc. Changes in location. Horizontal and vertical locations of
underground utilities and appurtenances referenced to permanent surface improvements.
Actual installed pipe material, class, etc.
10.13.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors, fans and other items needing periodic maintenance.
10.13.4. Field changes in dimensions and details.
10.13.5. Changes made by Project Consultant's written instructions or by Change Order.
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10.13.6. Details not on original Contract Drawings.
10.13.7. Equipment, conduit, electrical panel locations.
10.13.8. Project Consultant's schedule changes according to Contractor's records and shop
drawings.
10.14: Specifications and Addenda: Legibly mark each section to record:
10.14.1. Manufacturer, trade name, catalog number and Supplier of each product and item of
equipment actually installed.
10.14.2. Changes made by Project Consultant's written instructions or by Change Order.
10.15. Approved Shop Drawings: Provide record copies for each process, equipment, piping,
electrical system and instrumentation system.
10.15.1. 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.
10.15.2. 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.
10.16. 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 certify 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.
10.17. Maintenance of Traffic. Maintenance of Traffic ("MOT") must be performed in
accordance with the applicable FOOT 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, FHW A), must be followed in the design, application, installation, maintenance
and removal of all traffic control devices, warning devices and barriers necessary to protect the
public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must
be maintained and protected at all times. Prior to commencement of the 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.
Village of Key Biscayne, FL Contract No.: 2022- _ Page 19 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
10.18. 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.
11. Mandated Federal Contract Conditions. In connection with the performance of this Contract,
Contractor acknowledges that compensation for the Work performed under this Contract shall be
partially funded using the Coronavirus State and Local Fiscal Recovery Funds allocated to the
Village pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all
laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act, including,
without limitation:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (2 CFR Part 200), as applicable;
ii. State and Local Fiscal Recovery Fund (SLFRF) Final Rule, which is incorporated by
reference
iii.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds
Award Terms and Conditions (Assistance Listing Number 21.019), which is
incorporated by reference;
iv.Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached
hereto as Exhibit "C"; and
v.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement,
which is incorporated by reference
11.1. Title VI Requirements. Contractor acknowledges that the Village has certified or will
certify compliance with Title VI of the Civil Rights Act of 1964, in the form attached hereto as
Exhibit "C," to the U.S. Department of the Treasury. Towards that end, Contractor shall ensure
that performance of work in connection with this Contract follows the certifications contained in
Exhibit C, and shall also adhere to the following provisions:
11.1.1. The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin ( 42
U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI
regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part
of this Contract. Title VI also includes protection to persons with "Limited English
Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. §
2000d et seq., as implemented by the Department of the Treasury's Title VI regulations,
31 CFR Part 22, and herein incorporated by reference and made a part of this Contract.
Village of Key Biscayne, FL Contract No .. 2022- _ Page 20 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-84704988828A
11.1.2. Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the Work
under this Contract.
11.2. Americans with Disabilities Act Requirements. The Contractor agrees to comply with
the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.), which
prohibits discrimination by public and private entities on the basis of disability in employment,
public accommodations, transportation, State and Local government services, and
telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Contract.
11.3. Age Discrimination Act of 1975. Contractor shall comply with the requirements of 42
U.S.C. §§ 6101 et seq., as amended, and the Treasury's implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities
under this Contract.
11.4. Protections for Whistleblowers.
11.4.1. In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list of
persons or entities provided below, information that the employee reasonably believes is
evidence of gross mismanagement of a federal contract or grant, a gross waste of federal
funds, an abuse of authority relating to a federal contract or grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related
to a federal contract (including the competition for or negotiation of a contract) or grant.
11.4.2. The list of persons and entities referenced in the paragraph above includes the
following:
1. A Member of Congress or a representative of a committee of Congress.
ii. An Inspector General.
111. The Government Accountability Office.
1v. A Federal employee responsible for contract or grant oversight or
management at the relevant agency.
v. An authorized official of the Department of Justice or other law
enforcement agency.
v1. A court or grand jury.
v11. A management official or other employee of the contractor,
subcontractor, the State of Florida, or the Village who has the
responsibility to investigate, discover, or address misconduct.
11.4.3. The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
11.5. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor shall
adopt and enforce policies or programs that require employees to use seat belts while operating
or traveling on vehicles owned, rented, or personally owned by the Contractor and its employees
while performing the Work.
Village of Key Biscayne, FL Contract No.: 2022- _ Page 21 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
11.6. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225, Contractor
shall adopt and enforce policies that ban text messaging while driving and workplace safety
policies designed to decrease accidents caused by distracted drivers.
11.7. Publication. Contractor shall obtain approval from the Village in writing prior to issuing
any publications in connection with this Contract. If approved by the Village, the Contractor shall
include the following language in any and all publications issued:
"This Project is funded in part by federal award number (FAIN) FLO 152 awarded to
the Village of Key Biscayne by the U.S. Department of the Treasury."
11.8. Compliance with Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200). In accordance with the Interim Final
Rule and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
11.9. Equal Employment Opportunity Compliance. During the performance of this Contract,
the Contractor agrees as follows:
11.9.1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or
national origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
( 1) Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising;
(2) layoff or termination;
(3) rates of pay or other forms of compensation; and
(4) selection for training, including apprenticeship
The Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
11.9.2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
11.9.3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee
who has access to the compensation information of other employees or applicants as a
part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
Village of Key Biscayne, FL Contract No.: 2022- _ Page 22 of28
D o c uS ig n E n ve lop e ID : 3E F4 8 12 8-2 8 F0-4 19 9 -A 819 -8470498 B 828A
conducted by the employer, or is consistent with the Contractor's legal duty to furnish
information.
11.9.4. The Contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, a
notice to be provided advising the said labor union or workers' representatives of the
Contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
11.9.5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the U.S.
Secretary of Labor.
11.9.6. The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and
accounts by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
11.9.7. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or
order of the U.S. Secretary of Labor, or as otherwise provided by law.
11.9.8. The Contractor will include the portion of the sentence immediately preceding
paragraph 11.9.1 and the provisions of paragraphs 11.9.1 through 11.9.8 in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the U.S.
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or purchase
order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction by the administering agency, the Contractor may request the
United States to enter into such litigation to protect the interests of the United States.
11.10. Contract Work Hours and Safety Standards Act Compliance. During the performance
of this Contract, the Contractor shall comply with the provisions of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 3701 through 3708), including as follows:
11.10.1. Overtime requirements. No Contractor or subcontractor contracting for any part of
the Contract Work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic receives compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of forty hours in such workweek.
V illage of K ey B iscayne, FL C ontra ct N o.: 2022- _ Page 23 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
11.10.2. Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph (1) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States, for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1)
of this section, in the sum of$10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of
the overtime wages required by the clause set forth in paragraph (1) of this section.
11.10.3. Withholding for unpaid wages and liquidated damages. The Village shall upon
its own action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the Contractor or subcontractor under any such contract or any other Federal
contract with the same Contractor, or any other federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such
sums as may be determined to be necessary to satisfy any liabilities of such Contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
11.10.4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through ( 4) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses
set forth in paragraphs (1) through ( 4) of this section.
11.11. Clean Air Act Compliance. During the performance of this Contract, the Contractor shall
comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as amended) and
specifically agrees as follows:
11.11.1. The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
11.11.2. The Contractor agrees to report each violation to the Village and understands and
agrees that the Village will, in turn, report each violation as required to assure notification to
the Environmental Protection Agency Region 4 (Southeast) Office.
11.11.3. The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this Contract.
11.12. Federal Water Pollution Control Act Compliance. During the performance of this
Contract, the Contractor shall comply with the provisions of Federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
11.12.1. The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq.
11.12.2. The Contractor agrees to report each violation to the Village and understands and
agrees that the Village will, in turn, report each violation as required to assure notification to
the Environmental Protection Agency Region 4 (Southeast) Office.
Village of Key Biscayne, FL Contract No.: 2022- _ Page 24 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
11.12.3. The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance in connection with this Contract.
11.13. Suspension and Debarment Compliance. During the performance of this Contract, the
Contractor warrants that Contractor or its subcontractors are not debarred, suspended or otherwise
ineligible for contract awards under Executive Orders 12549 and 12689. Contractor shall comply
with the following provisions:
11.13.1. This Contract is a covered transaction for purposes of 2 C.F .R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2 C.F.R. pt.
3000. As such the Contractor is required to verify that none of the Contractor, its principals
(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
11.13.2. The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
11.13.3. This certification is a material representation of fact relied upon by the Village. If it
is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the Village, the Federal
Government may pursue available remedies, including but not limited to suspension and/or
debarment.
11.13.4. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract. The Contractor
further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
11.13.5. Contractor certifies that they:
1. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
11. Have not, within a five (5)-year period preceding this proposal, been convicted
of or had a civil judgment rendered against them for fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or Local) transaction or contract under public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property.
111. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
1v. Have not, within a five (5)-year period preceding this Contract, had one or
more public transactions (Federal, State or Local) terminated for cause or
default. If the Contractor is unable to obtain and provide such certification,
then the Contractor shall attach an explanation to this Contract as to why not.
11.14. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). During the
performance of this Contract, the Contractor and its subcontractors shall comply with the
Village of Key Biscayne, FL Contract No.: 2022- _ Page 25 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended). Specifically,
Contractor represents and warrants as follows:
11.14.1. No Funds received by the Contractor under this Contract have been paid or will
be paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
11.14.2. If any monies, other than Funds received by Contractor under this Contract, have
been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, the Contractor shall complete and submit Standard Form-
LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.
11.14.3. The Contractor shall require that this certification be included in the award
documents for all subawards at all tiers (including delay, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify and
disclose accordingly.
11.14.4. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
11.15. Procurement of Recovered Materials. Contractor shall comply with the provisions of2
C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in the
performance of this Contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items, unless the product cannot be acquired: (1)
competitively within a timeframe providing for compliance with the contract performance
schedule; (2) meeting contract performance requirements; or (3) at a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site, https://www.ecfr.gov/current/title-
40/part-247
11.16. Domestic Preferences for Procurements. To the greatest extent practicable, Contractor
and its subcontractors shall provide preference for the purchase, acquisition, or use of goods,
products, or materials produced in the United States, in accordance with 2 CFR 200.322,
"Domestic preferences for procurements."
11.17. 2 CFR Subpart F - Audit Requirements. Contractor shall assist the Village in
complying with the audit requirements under 2 CFR Subpart F - Audit Requirements ("Federal
Audit Provisions") and the reporting requirements of the U.S. Department of the Treasury's
Village of Key Biscayne, FL Contract No.: 2022- _ Page 26 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-84704988828A
Interim Final Rule, as amended, and other guidelines issued in connection with the American
Rescue Plan Act.
11.17.1. Contractor shall assist the Village in complying with the Federal Audit Provisions by
providing the Village, the State of Florida, the U.S. Department of the Treasury, the Treasury
Office of the Inspector General, the Government Accountability Office, or other federal
government entities, and any of their duly authorized representatives, access to personnel,
accounts, books, records, supporting documentation, and other information relating to the
performance of the Contract or the Work ("Documentation") necessary to complete federal
audits. Contractor shall promptly assist the Village in the event Documentation must be
supplemented to address audit findings or other federal inquiries.
11.17.2. Contractor shall keep all Documentation up-to-date throughout the performance of
this Contract and the W or~.}?oritractqr shall provide the Village with all Documentation for
each fiscal year by Oct?b.~f1··of each year or within five days of the completion of the Work,
whichever occurs first: 'Contractor shall assist the Village in complying with additional
guidance and instructions. issued by the U.S. Department of the Treasury governing the
reporting requirements fof the use of American Rescue Plan Act Coronavirus State and Local
Fiscal Recovery Funds. · •.
~ '.
,. '
[Remainder-of page intentionally left blank.
Signature pages follow.]
Village of Key Biscayne, FL Contract No.: 2022- ------- Page 27 of28
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B82BA
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
GDocuSlgned by:
By: Y!=R~4~iWM\Sb~
Steven C. Williamson
Village Manager
Attest:
By: ~~~Xo cb
Joceiyn8.Koch
Village Clerk
Approved as to form and legal sufficiency:
;;' ;:,,} :· :: .
I•.'.
r-:;DocuSlgned by:
By: L~a-:_,r"~,5-E~-~-:B-4C~F--------
Weiss Serota Reifman Cole & Bierman,
P.L.
Village Attorney
Addresses for Notice:
Village of Key Biscayne
Attn: Village Manager
88 West McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (facsimile)
swilliamson@keybiscayne.fl.gov ( email)
With a copy to:
Weiss Serota Reifman Cole & Bierman,
P.L.
Attn: Chad Friedman, Esq.
Village of Key Biscayne Attorney
2525 Ponce de Leon Boulevard, Suite 700
Coral Gables, FL 33134
cfriedman@wsh-law.com ( email)
CONTRACTOR
~
DocuSlgned by:
By: __ __,_~---~aa,,~~-· ------ eeessEere1rs41s ...
Matteo co rna l i Name: _
Manager
TE CONSTRUCTION LLC
Addresses for Notice:
NAME
Attn: _
STREET
STREET2
CITY/ST/ZIP
___________ (telephone)
___________ (email)
With a copy to:
___________ (telephone)
___________ (email)
Village of Key Biscayne, FL Contract No .. 2022- _ Page 28 of28
D o c uS ig n E nvelo pe ID : 3EF 4 8 12 8 -28 F0 -4 19 9 -A 8 19 -84 7 0 4 98 B 8 28 A
EXHIBIT A
Village of Key Biscayne Public Works Department Plans
Village of Key Biscayne, FL Contra ct No.:2022- _ Exhibit A
Do c US lg n E nv i!lo pe ID : 3 E F48 12 ~8 F0-4 199-A8 19-8 4 7 04 98 B8 28A
PUBLIC BEACH ACCESS
AT SANOS C0ND0fv1/N/Ufv1
INDEX OF PLANS
SHEET DESCRIPTION
COVER SHEET
EXISTING CONDITIONS AND DEMOLITION PLAN
NOTES
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DETAILS
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CiEOOET/C VERTICAL DATUM Of' 1929.
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CONSTRUCTION.
3. 14 HOURS PRIOR roCO/IIIIENCINGvrORK /ff THI: PIJBLICR/GHTOF
WAr CONT"ACT APPLICABLE RIGHT OF WAY JURISDICTION FOR
fffSPECTf0/11.
4. APPROVAi.. OF THESE Pl.ANS DOl:S NOT CONSTITUTE: A PERNIT FOR
CONSTRUCf/ON.A PERMIT FOR CONSTRIKTIONHUSTBEOBTAINED
FROHJURISTICT/ONAI..NJrHORtrES.
5. SAFEN IS PARAHOVNT FOR AU COHST"RUCTION ACTIVITIES
APPLICABLE JURIST/CTIOHAL SAFETY REOVIREHEHTS HUST BE
ADHEREO ATN.1. TIHES.
!PERMIT SETI
LZGAL DISCRIPTION:
CT
SCOPE OF WORK: FUR.II/SH /IJIID INSTALL :1:580 FT. LONG - :1: 6' WIDE WALKWAY FOR
THE PURPOSE OF PROVIDING ACCESS ro TIIE PUBLIC.
LOCATION OF PROJECT
ThoSaulh \0fN\ofTto<\"A"ofRq>laloftto<\"A"o{R.llJOIIIUISlJBDIVlSlON.~tolhoP!otllwoo(ufflC<lfdod inPl•t
Book 77, Po,.o 6. ohbo N,li<, R"""'do oCJ.tiom i--D odo C<,,.ny . Florido.
ENGINEER OF RECORD
JAKE OZYMM, P.E.
P.E. LICENSE NUMBER 74421
VIUAGE OF KEY BISCAYNE
DEPARrMENr OF PUBLIC WORK s
88 WE5r MClffrYRE SfREET
KEY BISCAYNE, FL 33149
tms ffEN HAS BEEN DIGITALLY SIGNED AND SEALED BY JAXE C. OZYIMH ON THE
DArE ADJACENT TO THE SEAL.
PRINTED COPIES OF THIS DOCUMENT ARE NQT CQNSIDEREO SIGNED AND SEALEO
AND THE SIGNATURE #UST BE VERIFIED ON ANY ELECTRONIC COPIES.
Oo cuS lg n Env alo pa ID : 3EF48 128-2 8F0-4 199-A8 19-34 70498 882 8A
3' MTF ON WALL
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LEGEND
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GRAPHIC SCALE
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( IN FEET )
HORIZ. 1 lnch • 20 fl
JAl<E ozrMAN, P.E.
P.E. LI C EN S E NUH B ER 7442 1
VILLA GE OF K EY BfSC AYN E
OEPAR.THEllT' Of PUBLIC WORKS
88 WEST HCtlffYRE STREET
KE Y BIS CAYN E , FL 3]149
VILLAGE OF KEY BISCAYNE
PUBLIC BEACH ACCESS
AT SANDS CONDOMINIUM
EX][S UNG CONDffliONS AND
DEMOLff][QN PLAN
OocUSlgn Envelope ID: 3EF48128-28F0-4 199-A8 19-8470498 B828A
GENERAL NOTES
I. ALL PHASES OF SITE VIORK FOR THIS PROJECT
SHALL MEET OR EXCEED THE OWNER I DEVELOPER
SITE VIORK SPECIFICATfONS.
2. CONTRACTOR TO COORDINATE ALL WORK VIITH
VILLAGE OF KEY BISCAYNE PUBLIC WORKS
DEPARTMENT.
3. CONTRACTOR SHALL VERIFY THE EXACT LOCATION
OF ALL EXISTING TREES, STRUCTURES, &
UTILITIES WHICH MAY OR MAY NOT BE SHOWN ON
THE PlANS.
4. THE CONTRACTOR VI/LL BE HELD SOLELY
RESPONSIBLE FOR ANO SHALL TAKE ALL
PRECAUTIONS NECESSARY TO AVOID PROPERTY
DAMAGE TO ADJACENT PROPERTIES DURING THE
CONSTRUCTION PHASES OF THIS PROJECT.
4. THE LOCATION & SIZE OF ALL EXISTING UTILITIES
SHOWN ON THESE DRAWINGS ARE APPROXIMATE
ANO BASED ON THE AVAILABLE INFORMATION.
ADDITIONAL UTILITIES MAY EXIST WHICH ARE NOT
SHOWN ON THESE DRAWINGS. THE CONTRACTOR
SHALL VERIFY ALL UTILITIES BY ELECTRONIC
METHODS ANO I OR BY HAND EXCAVATION IN
COORDINATION WITH ALL UTILITY COMPANIES PRIOR
TO BEGINNING ANY CONSTRUCTION OPERATION.
5. THE CONTRACTOR SHALL TAKE ADEQUATE
MEASURES TO ENSURE SAFETY VIHEN WORKING
WITHIN THE VICINITY OF OVERHEAD ELECTRICAL,
TELEPHONE & OTHERLINES. PROPER COORDINATION
WITH JURISDICTIONAL AUTHORITIES SHALL BE
UNDERTAKEN AS APPLICABLE.
6. THE CONTRACTOR SHALL NOT LEAVE EXCAVATED
TRENCHES OPEN, UNCOVERED OR EXPOSED AT THE
END OF THE WORKING DAY. WEEKENDS, HOLIDAYS
OR OTHER TIMES WHEN CONSTRUCTION 15
STOPPED.
7. SAFETY NOTICE TO THE CONTRACTOR:
IN ACCORDANCE WITH GENERALLY ACCEPTED
CONSTRUCTION PRACTICES, THE CONTRACTOR
SHALL BE SOLELY ANO COMPLETELY RESPONSIBLE
FOR CONDITIONS OF THE 108 SITE, INCLUDING
SAFETY OF ALL PERSONS ANO PROPERTY DURING
PERFORMANCE OF THE WORK. THIS REQUIREMENT
WILL APPLY CONTINUOUSLY ANO NOT BE LIMITED
TO NORMAL WORKING HOURS. ANY CONSTRUCTION
OBSERVATION BY THE VILLAGE STAFF OF THE
CONTRACTOR'S PERFORMANCE 15 NOT INTENDED TO
INCLUDE REVIEW OF THE ADEQUACY OF THE
CONTRACTOR'S SAFETY MEASURES IN, ON OR NEAR
THE CONSTRUCTION SITE.
8. THE CONTRACTOR SHALL EXERCISE EXTREME
CAUTION WHILE WORKING IN AREAS NEAR EXISTING
STRUCTURES AND UTILITIES. THE CONTRACTOR
SHALL REPAIR OR PAY FOR ANY DAMAGES MADE TO
EXISTING STRUCTURES AND UTIL!TIES. (INCLUDING
IRRIGATION LINES. ELECTRIC LINES, WATER ANO
SEWER ETC.)
9. ALL DISTURBED AREAS SHALL BE DRESSED,
GRADED, FERTILIZED, MULCHED AND MAINTAINED
UNTIL A PERMANENT VEGETATIVE COVER IS
ESTABLISHED.
JO. THE CONTRACTOR SHALL OBTAIN ALL PERMITS
NECESSARY TO COMPLETE THE CONSTRUCTION AND
ALL VIORK SHALL BE DONE IN ACCORDANCE WITH
PERMIT CONDITIONS.
I I.ANY UNSUITABLE MATERIAL ENCOUNTERED SHALL
BE REMOVED FROM THE SITE. EXCESS SUITABLE
FILL MATERIAL SHALL BE STOCKPILED ON-SITE AT
A LOCATION TO BE DETERMINED BY THE VILLAGE.
THE CONTRACTOR SHALL BE RESPONSIBLE FOR
THE REMOVAL OF ALL UNSUITABLE MATERIAL ANO
REPlACEMENT WITH STRUCTURAL FILL OR
SUITABLE BACKFILL MATERIAL.
12.THE CONTRACTOR SHALL SUBMIT SHOP DRAWINGS
TO THE ENGINEER FOR REVIEW.
13.CONTRACTOR SHALL CONTACT SUNSHINE STATE
ONE CALL 8 I I AT LEAST 48 HOURS PRIOR TO
PERFORMING ANY EXCAVATfON I DIGGING TO
VERIFY THE EXACT LOCATION OF EXISTING
UTILITIES.
14.CONTRACTOR SHALL ADHERE TO THE VILlAGE OF
KEYBISCAYNE'S NOISE ORDINANCE, CHAPTER 17
WHICH PROHIBITS EXCAVATION & CONSTRUCTION
OUTSIDE OF THE FOLLOWING PERMITTED HOURS:
7:00 A.M. TO 6:30 P.M. ON MONDAY,
TUESDAY, WEDNESDAY,
THURSDAY AND FRIDAY.
STORMWATER POLLUTION PREVENTION PLAN NOTES
I. PERMANENT OR TEMPORARY EROSION & SEDIMENT CONTROL MEASURES SHALL BE INSTALLED AT
THE EARLIEST PRACTICABLE TIME CONSISTENT WITH GOOD CONSTRUCTION PRACTICE. ONE OF
THE FIRST CONSTRUCTION ACTIVITIES SHALL BE THE PLACEMENT OF TEMPORARY EROSION &
SEDIMENT CONTROL MEASURES AROUND THE PERIMETER OF THE PROJECT, THE INITIAL WORK
AREA, & OTHER AFFECTED AREAS TO PREVENT STORM WATER POLLUTION.
2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTENANCE & REPAIRS OF EROSION &
SEDIMENT CONTROUSWPPP DEVICES PER THE FOOT STANDARD SPECIFICATION FOR ROAD &
BRIDGE CONSTRUCTION (CU RRENT EDITION). THE MAINTENANCE OF THESE DEVICES WILL OCCUR
UNTIL THE VILLAGE OF KEY BISCAYNE REPRESENTATIVE HAS DEEMED AN AREA PERMANENTLY
STABILIZED. IT WILL BE THE RESPONSIBILITY OF THE CONTRACTOR TO REMOVE ALL TEMPORARY
EROSION AFTER COMPLETION OF THE PROJECT.
3. CONFORMANCE WITH SWPPP SHALL NOT RELIEVE THE CONTRACTOR FORM HIS/HER
RESPONSIBILITIES TO PROTECT ADJACENT PROPERTIES, FEATURES & NATURAL ENVIRONMENT
FROM THE POSSIBLE DAMAGE IMPACT THAT MAY ARfSE AS A RESULT OF THE CONSTRUCTION
LIMITED TO CONSTRUCTING SUCH FACILITIES & ANY OTHER MEASURES THAT ARE NECESSARY
TO PREVENT CONTROL & ABATE WATER, & EROSION DAMAGE TO PUBLIC & PRIVATE PROPERTY
AS A RESULT OF THE CONSTRUCTION OF THIS PROJECT
4. EROSION & SEDIMENT CONTROL MEASURES SHALL BE ADEQUATELY MAINTAINED TO PERFORM
THE INTENDED FUNCTION DURING CONSTRUCTION OF THE PROJECT.
5. CONTRACTOR SHALL VERIFY THAT ALL DRAINAGE STRUCTURES. WITHIN THE PROJECT LIMITS
WHETHER INDICATED ON THE PlANS OR NOT, SHALL BE PROTECTED IN ACCORDANCE WITH THE
ESTABLISHED METHODS AS NOTED ABOVE.
6. DUST, RESULTING FROM PROPOSED DEMOL!TION ACTIVITIES, SHALL BE PREVENTED FROM
INTRUSION INTO THE STORMWATER CONVEYANCE SYSTEM. APPROPRIATE OUST CONTROL
TECHNIQUES (WATER OR SLURRY) MUST BE RETAINED ON SITE. THE USE OF CALCIUM CHLORIDE,
OILS OR OTHER CHEMICAL OUST CONTR OL AGENTS IS PROHIBITED.
7. CONTRACTOR SHALL INSTALL PERIMETER POLLUTION PREVENTION CONTROLS AFTER CLEARING &
GRUBBING AND BEFORE BEGINNING OTHER CONST RUCTION. CONTRACTO R SHALL REMOVE
PERIMETER CONTROLS ONLY AFTER ALL AREAS HAVE BEEN STABILIZED.
8. THE EXISTING DRAINAGE FLOW PATTERNS SHALL BE MAINTAINED OUR/NG CONSTR UCTION.
9. THE CONTRACTOR SHALL MONITOR ALL POLLUTION CONTROL DEVICES TO ENSURE SUFFICIENT
CONVEYANCE OF STORMWATER RUNOFF & TO ELIMINATE SOIL EROSION DURING CONSTRUCTION.
IO. CONTRACTOR SHALL COVER LOADED TRUCKS WITH TARPAULINS.
11. CONTRACTOR SHALL REMOVE EXCESS DIRT FROM THE ROADWAY DAILY.
12. A QUALIFIED PERSON SHALL INSPECT POLLUTION CONTROL DEVICES AT LEAST ONCE EVERY
SEVEN CALENDAR DAYS & WITHIN 24 HOURS OF THE END OF A STO RM, THAT IS 0.50 INCHES
OR GREATER. TO COMPLY, THE CONTRACTOR SHALL INST ALL & MA/NT AIN RAIN GAUGES & RECORD
THE DAILY RAINFALL. WHERE SITES HAVE BEEN PERMANENTLY STABILIZED, INSPECTIONS
SHALL BE CONDUCTED AT LEAST ONCE EVERY MONT H. THE CONTRACTOR SHALL ALSO VERIFY
THAT CONTROLS INSTALLED IN THE FIELD COMPLY WITH THE LATEST STORMWATER POLLUTION
PREVENTION PlAN.
13. WITHIN 24 HOURS OF INSPECTION, THE CONTRACTOR SHALL INITIATE REPAIRS TO THE CONTR OL
DEVICES THAT THE INSPECTION INDICATES ARE NOT IN GOOD ORDER.
14. AT NO TIME SHALL SEDIMENTS BE ALLOWED TO ACCUMULATE WITHIN DRAINAGE STRUCTURE &
CONVEYANCE PIPELINES. STRUCTURES & PIPELINES SHALL BE CLEANED PRIOR TO PAVING. THE
CLEANING OPERATIONS SHALL NOT FLUSH SEDIMENT-LADEN WATER INTO THE DOWNSTREAM
SYSTEM.
15. STOCKPILE OF EARTH & OTHER CONSTRUCTION RELATED MATERIAL MUST BE PROTECTED
AGAINST ACCIDENTAL TRANSPORTATION FROM PROJECT SITE BY WIND & WATER FLOW.
16. ALL STORM DRAINAGE SYSTEMS MADE OPERABLE DURING CONST RUCTION, SHALL BE PROTECTED
50 THAT SEDIMENT-LADEN WATER CANNOT GAIN ENTRY INTO THE CONVEY ANCE SYSTEM
WITHOUT FIRST BEING FILTERED OR OTHERVIISE TREATED TO REMOVE SEDIMENTS.
17. MODIFICATIONS OR CHANGES TO THE INFORMATION DEPICTED ON THE STO RMWATER POLLUTfON
PREVENTION PlAN SHEETS MUST BE SUBMITT ED TO THE EOR/JURIDICTIONS FOR APPROVAL.
18. IF ADDITIONAL EROSION & SEDIMENT CONTROL BMP'S AR E REQUESTED BY ANY REGULATORY
AGENCY, THE CONTRACTOR MUST PROMPTLY IMPLEMENT SAID MEASURES AF TER APPROVAL OF
EOR/JURISDICTIONS.
19. THE INSTALLATION OF EROSION & SEDIMENT CONTROL MEASURES SHALL TAKE PRECEDENCE
OVER CONSTRUCT/ON ACTIVITIES.
20. ALL APPLICABLE PERMITS RELATING TO THE INSTALLATION OF THESE MEASURES MUST BE
SECURED PRIOR TO COMMENCING CONSTRUCTION ACTIVITIES.
---- i---- I I
JAKE Ort/.lAN, P.E. I I
P.E. LICENSE NUHBER 74421 VILLAGE OF KEY BISCAYNE
I
V/H AGE OF KEY BISCAYNE f----------------,
DEPAR fHENT OF PUBLIC WORKS I PUBLIC BEACH ACCESS I
88 WEST HCINTY RE STREET
K.Er BISCAYNE, FL 31149 AT SANDS CONDOMINIUM
NOTES
DocUSlgn Envelope ID: 3EF48128-28F0-4199-A8 19-8470498 B828A
3' MTF ON WALL
EX. WALL TO REMAIN
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JAK E O Z'I H AN , P.E .
P.E . LI C E N S E NU H B ER 14421
VILLA GE OF KE Y BIS C AYN E
O E P AR H(E lff OF PtJ B Ltc WORKS
88 WEST HC/NTYRE STREET
KE Y BIS C AYN E , FL 33149
VILLAGE OF KEY BISCAYNE
PUBLIC BEACH ACCESS
AT SANDS CONDOMINIUM
SlITE PLAN
OocuSlgn Envelope 10: 3EF48128-28F0-4199-A8 19-8470498B82BA
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VILLAGE OF KEY 8f5CM NE
DEPAJffHElfl OF PU BLIC WORKS
88 WESr HC/NfYRE STREff
KE Y BISCAYNE, Fl 33149
VILLAGE OF KEY BISCAYNE
PUBLIC BEACH ACCESS
AT SANDS CONDOMINIUM
DETA][LS
OocuS lg n Env elo pe ID: 3E F48 128-2 8F0-4 199-A8 19-34 70498 882 8A
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JAK E 02Y M AN , P.E.
P.E . Lf CE NS E NUH B E R 7442 1
VJUA GE OF KEY B(S CAYNE
D E P A/ff H E Nr OF PUB Lf C W OR K S
88 W ES T HC /Nr YR E S TR EET
KEY BIS CAYN E , FL 33 149
VILLAGE OF KEY BISCAYNE
PUBLIC BEACH ACCE SS
AT SANDS CONDOMINIUM
DETA][LS - ALTERNATE A
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
EXHIBITB
Contractor's Bid
Village of Key Biscayne, FL Contract No.:2022- _ Exhibit B
D o c uS ig n E nve lo pe ID : 3E F 4 8 12 8-2 8 F0 -4 19 9-A 8 19 -8470498 B 828A
BID SCHEDULE
NEGOTIATED PRICE
NO. ITEM UN IT QTY PRICE
EXTEND ED
AMOUN T
1 GENE RA L RE QUI RE ME NTS & LS I $ - $ -
COND ITIONS
2 MOBILIZATION AND DEMOBILIZATION LS I $ 26,200.00 $ 26,200
3 MAINTE NANCE OF TRA FFIC LS I $ 1,200.00 $ 1,200
4 PERM ITTIN G ALLOWANCE LS 0 $ 1,000.00 $ -
5 STORMW ATER POLLUTION LS I $ $ - -
PRE VENTION & EROSION CONTROL
6 DEMOLITION, CLEARING & GRUBBING, LS I $ 38,600.00 $ 38,600
TRE E RE MOVAL
7 RE GULAR EXCAVATI ON CY 185 $ 0.10 $ 19
8 12" OF STABILIZED SUBGRA DE SY 380 $ 5.00 $ 1,900
COMP ACTED TO 95% MAX DENSITY PER
9 BRICK PAVERS SY 335 $ 75.00 $ 25,125
10 1" SAND BED SY 335 $ 2.90 $ 972
11 CONCRE TE HE ADER CURB LF 650 $ 20.285 $ 13,185
12 LAND SCAPE ALLOWANCE LS 0 $ 10,000.00 $ -
13 6' HT. CHAIN LINK FENCE LF 0 $ 22.00 $ -
14 4' HT. CHA IN LINK FENCE LF 140 $ 20.00 $ 2,800
15 BICYCLE RA CK INSTALL ONL Y (VILLAGE EA I $ - $ - TO FURN ISH BICYLE RA CK)
NEGOTI ATED BID
$ TOTAL 110,000
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
EXHIBIT C
Assurances of Compliance with
Title VI of the Civil Rights Act of 196
Village of Key Biscayne, FL Contract No.: 2022- _ Exhibit F
DocuSign Envelope ID: 3EF48128-28F0-4199-A819-8470498B828A
Attachment B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Recipient,
his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
, certifies, to the best of
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Recipient, , certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
Recipient understands and agrees that the provisions of 31 U.S.C. Sec. 3801 et seq. apply to his certification and
disclosure, if any.
By: Matteo ~recf!Jsigned by: .
Signature: ~ 1/Jv,,.vli
08699E6F01 FD419 ...
Title:_ Manager
Date:_ 7/7/2022
15