HomeMy Public PortalAbout2023-13 Selecting Total Construction & Maintenance Corporation for the Fire Depatment's women bathroom and locker room renovation improvements projectRE SO L U T IO N N O . 2023 - 13
A C A P IT A L PR O JE C T A U T H O RI Z IN G RE SO L U T IO N O F
T H E V IL L A G E C O U N C IL O F T H E V IL L A G E O F K EY
B ISC A Y N E , F L O RI D A , SE L E C T IN G T O T A L
C O N ST R U C T IO N & M A IN T E N A N C E C O RP O RA T IO N
F O R T H E FIRE D E P A R T M E N T 'S W O M E N BA T H R O O M
A N D L O C K E R R O O M RE N O V A T IO N IM P R O V E M E N T S
PR O JE C T IN A N A M O U N T N O T T O E X C E E D $86,697;
PR O V ID IN G FO R A U T H O RI Z A T IO N ; A N D PR O V ID IN G
FO R A N E F F E C T IV E D A T E .
W H E RE A S, the Village of Key Biscayne ("Village") is in need of repair and renovation
services (the "Services") for the women's bathroom and locker room located in the Village's Fire
Department; and
W H E RE A S, the Village issued Invitation to Bid No. 2023-06 (the "ITB") for the Fire
Department Women's Bathroom and Locker Room Renovation Improvements Project (the "Capital
Project"); and
W H E RE A S, three responsive bids were received by the 1TB deadline; and
W H E RE A S, after review and evaluation of the submitted bids, the Village Manager
recommended that Total Construction & Maintenance Corporation (the "Contractor") be selected to
perform the Services for the Capital Project as the lowest responsive and responsible bidder; and
W H E RE A S, 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 provide the
Services for the Capital Project, and authorize the Village Manager to negotiate and execute an
agreement, in substantially the form attached hereto as Exhibit "A" (the "Construction Contract"),
with the Contractor in an amount not to exceed $86,697; and
W H E RE A S, the Village Council finds that this Resolution is in the best interest and welfare
of the Village.
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N O W , T H E R E F O R E , B E I T R E S O L V E D B Y T H E V I L L A G E C O U N C I L O F
T H E V I L L A G E O F KE Y B I S C A Y N E , f'L O RI D A , A S F O L L O W S :
S e c t i o n 1. R e ci t a l s . T h at each of the abo ve-stated recitals are hereby adopted,
co n fi rm ed and inco rpo ra ted herein .
Section 2. Selection. T hat the V illage C ouncil hereby sel ects the C ontractor to
p ro v id e the Services fo r the C apital P roject.
Section 3. Village Manager Authorization. T h at the V illage C o uncil hereby
autho rizes the V illage M an ager to neg otiate and execute the C onstru ction Contra ct in substantially
th e fo rm attached hereto as E x h ibit --A ", w ith the C o n tra ctor in an am ount not to exceed $86.697,
subject to the V ill age Attorney's app ro val as lo form , content, and legal sufficiency.
Section 4.
ad o p tio n .
Effective Date. T hat th is R esolu tion sh all be effective im m ed iately upon
P A S S E D A N D A D O P T E D th is 14 th day of M arch 202 3.
A T T E S T :
9~~-l<o~
VILLAGE CLERK
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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F ir e D e p a rt m e n t W o m e n 's B a t h r o o m R e n o v a t io n Im p ro v e m e n t s - IT B II 2023-06
NOTICE TO PROCEED
Dated: ~ 20 __
To:
___________ (telephone}
___________ (telephone)
___________ (facsimile}
___________ (email)
Project Name:
Contract No.:
You are hereby notified that the Contract Times under the above: Contract wii'i" commence to run on
____ _, 20 __ . By that date, you are to start performing your obhgatlons under the Contract
Documents. In accordance with Article 2 of the Contract, tlie dates, of Substantial Completion and
completion and readiness for final payment are------~ 20 __ and _
20..,............ __} __ days respectively.
Before you may start any Work at the site, Article 6 provides that you must deliver to the Village ( _
check here if applicable, with copies to and other identified additional insureds)
Certificates of Insurance in accordance with the Contract Documents.
,.
In addition, before you may start any Work at the site, you must: (add any additional requirements)
V ILLA G E O F K EY B ISCA YN E
By: ----'---------
Steven C. W illiamso ri
Village Manager
A C CEPTA N C E O F N O TIC E TO PR O C EED
[I N SER T N A M E O F C O N T R A CT O R )
By: _
Name: _
Title: _
Date: _
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Fire Depart m ent W om en's Bathroom Renovation Im provem ents - ITB # 2023-06
ATTACHMENT A
VILLAGE OF KEY BISCAYNE CONTRACT
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCT ION (this "Contract"} is made this day of _
____ _, 2023 (the "Effective Date"} by and between the VILLA GE OF KEV BISCA YNE, FLORIDA, a
Florida municipal corporation, (the "Village"}, and NAME OF ENTITY, [a Florida [type of entity] or a [insert
state name] authorized to do business in Florida] (the "Contractor").
WHEREAS, the Village issued Invitation to Bid No. 2023-06 {the " 1TB "} for construction of FIRE
DEPARTMENT WOMEN'S BATHROOM RENOVATION IMPROVEMENTS (the "Project"), which 1TB is
incorporated herein by reference and made a part hereof; and
WHEREAS, in response to the Village's 1TB, Contractor submitted a bid for the Project ("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 in response to the 1TB
and was selected and awarded this Contract for performance of the Work (as hereinafter defined); and
WHEREAS, Contractor has represented to the Village that it possesses the necessary qualifications,
experience and abilities to perform the Work or the Project, and has agreed to provide the Work on the terms
and conditions set forth in this Contract.
NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100
DOLLA RS ($10 .00} and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto do hereby agree as follows:
1. SCOPE OF WORK
1.1. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and incidentals
necessary to perform all of the work described in the Contract Documents (the "Work" or the
"Project") including, without limitation as described. in the approved plans, drawings and/or
specifications prepared by [insert name of consultant] (the "Village's Project Consultant") dated
[insert date] (the "Plans"} and any other documents incorporated herein by reference and made a
part of this Contract for the following Project:
FIRE DEPARTMENT WOMEN'S BATHROOM RENOVATION IMPROVEMENTS
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.
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F ir e D e p a rt m e n t W o m e n 's B a t h ro o m R e n o v a t io n Im p ro v e m e n ts - IT B # 2023-06
2.2. Tim e is of the essence th roughout this Contract. The Contract or shall prosecute the W ork w ith
fa ithfulness and dilig ence and the Work shall be substantially completed within Ninety ( 90 )
calendar days from the date specified for delivery of equipment ("Contract Time"). Substantial
C o m p letion shall be defi ned fo r this purpose as the date on w hich Vill age receives benefici al use of
the Pro ject . The W ork shall be fully com pleted in accordance w ith the Contract D ocum ents w ithin
O ne H dre n Tw e nty ( 120) calendar days fr om the delivery date of the equipm ent ("Final Com pletion
Tim e"). The Final C o m pletio n date is defined as the date agreed to by the V ill age w hen all W ork has
bee n co m p leted in accordan ce w ith the Contract D ocum ents and Contract or has delivered to V ill age
all do cum e ntation req u ired herein.
2.3. U p o n fa ilure of C ontracto r to com plete the Contract w ithin the Final Com pletio n Tim e, Contractor
shall pay to V illag e the su m of Three Hundred D ollars ($300.00) fo r each calendar day after the
expiratio n of the Fin al C o m pletion Tim e until the Contractor achieves Final Com pletion and the
Project is in a state of read iness for final paym ent to the C ontractor. These am ounts are not penalties
but are liquidated dam ages payable by Contractor to V ill age fo r the fa ilure to provide full beneficial
occup ancy and use of the Project as required. Liquidated dam ages are hereby fixed and agreed
upo n betw een the part ies w ho hereby acknow ledge the diffi culty of determ ining the am ount of
dam ages that w ill be sustained by Village as a consequence of Contract or's delay and fa ilure of
C o ntract o r to co m p lete the C o ntract on tim e.
2.4. V ill age is authorized to ded uct the liquidated dam ages fr om m onies due to Contractor fo r the W ork
und e r this C o ntract. In case the liquidated dam age am ount due to V ill age by Contractor exceeds
m o n ies due C o ntracto r fr o m V ill age, Contractor shall be liable and shall im m ediately upon dem and
by V ill age pay to V ill age the am ount of said excess.
3. CONTRACT PRICE
3.1. V ill age shall pay to C o ntracto r fo r the perf orm ance of the W ork fo r actual w ork com pleted in an
am o u nt not to exceed $XXX,XXX in acco rdance w ith the Contractor's Pro posal and Schedule of Bid
Item s (Prici ng}, att ached he reto as Exhibit "A ". This sum ("Contract Price") shall be full
co m pensatio n fo r all se rv ices, labor, m aterials, equipm ent and costs, incl uding overhead and pro fit,
asso ci ated w ith co m pletion of all the W ork in full confo rm ity w ith the Contract D ocum ents and
adjusted o nly by w ritt e n change orders signed by both part ies and approved as required by local
law . The Co ntract Pric e shall incl ude all applicable sales taxes as required by law .
3.2. V illage shall m ake pro g ress paym ents, deducting the am ount fr om the Contract Price above on
the basis of C o n tractor's A p p lic ations fo r Paym ent on or befo re tw enty (20) days aft er receipt of
the Pay A p plication. Rejection of a Pay Application by the V ill age shall be w ithin tw enty (20) days
aft er rece ipt of the Pay A p p lic ation. A ny rejection shall specify the applicab le deficiency and
ne cessary corrective action . A ny undisputed port ion shall be paid as speci fied above. A ll such
paym e nts w ill be m ade in accordance w ith the Schedule of V alues established in the Contract
D o cum e nts o r, in the eve nt the re is no Schedule of V alues, as otherw ise provided in the Contract
D o cum e n ts. In the eve n t the C ontract D ocum ents do not pro vide a Sched ule of V alues or other
paym en t sched ule, A p plications fo r Paym ent shall be subm itted m o nthly by Contractor on or
befo re the 10 th of each m on th fo r the prior m onth. Pro gress paym ents shall be m ade in an
am o u nt eq u al to th e pe rcen tage of W ork com pleted as determ ined by the V ill age or V ill age's
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F ire D e p a r tm e n t W o m e n 's B a th ro o m R e n o v a tio n Im p ro ve m e n ts - IT B ti 2023-06
Pro ject Consultant, but, in each case, less the aggregate of payments previously made and less
such am ounts as Village shall determine or Village may withhold taking into account the
aggregate of payments made and the percentage of Project completion in accordance with the
Contract Documents and Schedule of Values, if any. The Contractor agrees that ten percent
(10%) of the amount due fo r each pro gress payment or Pay Application (the "Retainage") shall
be retained by Village until final completion and acceptance of the W ork by Village. In the event
there is a dispute between Contractor and Village concerning a Pay Application, dispute
resolution procedures shall be co nducted by Village commencing within 45 days of receipt of the
disputed Paym ent Application. The Village shall reach a co nclusion within 15 days thereafter and
prom ptly 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 paym ent of any Application fo r Payment by the Village, including the final request for
paym ent, does not co nstitute appro val or acceptance by the Village of any item of the W ork
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 Com pletion of the W ork 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
rem ainder of the Contract Price (including Retainage) as recommended by the Village's Project
Consultant. Final paym ent is contingent upon receipt by Village from Contractor of at least one
com plete set of as-built plans, reflecting an accurate depiction of Contractor's W ork. 3.:1 tQ P .i;i ,u £.
6t-/A I/ 13,C:" [;J0/1)15,, 11: 1 i, P(!f<fJ-,r-,.,,J~e. e::;, F- ,n -e U/(//16'<:' e:,F ~e '-/ 13 is.c'9y Nt> ,
3.6. This Contract is subject to the co nditions precedent that: (i) ·village funds are available and
budgeted fo r the Contract Price; (ii) the Village secures and obtains any necessary grants or loans
fo r the accom plishment of this Pro ject pursuant to any borrowing legislation adopted by the
Village Council relative to the Pro ject; 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 concern ing the W ork, consist of this Contract for Construction (including any change
orders and am endm ents thereto), the Plans and Specifications, the Technical Specifications, any
Bidding Docum ents or pro curement documents for the Project, the Contractor's Bid for the
Pro ject (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 am ong the foregoing, the documents shall govern in the order listed
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F ir e D e p a rt m e n t W o m e n 's B a t h ro o m R e n o v a tio n Im p ro v e m e n ts - 1T B # 2023-06
herein. Contractor is reminded and hereby recognizes that all Work under this Contract must
comply with all applicable federal, state and local law. Any mandatory clauses which are required
by applicable law shall be deemed to be incorporated herein.
4.2. This Contract incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the subject matter
of these Contract Documents that are not contained herein. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
4.3. The Contract Documents shall remain the property of the Village. The Contractor shall have the
right to keep one record set of the Contract Documents upon completion of the Project;
however, in no circumstances shall the Contractor use, or permit to be used, any or all of such
Contract Documents on other projects without the Village's prior written authorization.
5. INDEM NIFICATION
5.1. Contractor shall defend, indemnify, and hold harmless the Village, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes of
action, judgment or damages, including legal fees and costs and through appeal, arising out of
or, related to, or in any way connected with Contractor's performance or non-performance of
this Contract or with Contractor's obligations or the Work related to the Contract, including by
reason of any damage to property, or bodily injury or death incurred or sustained by any party.
Contractor shall defend, indemnify, and hold the Village harmless from all losses, injuries or
damages and wages or overtime compensation due its employees in rendering services pursuant
to this Contract, including payment of reasonable attorneys' fees and costs in the defense of any
claim made under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act, the Americans with Disabilities Act or any employment
related litigation or worker's compensation claims under federal or state law. The provisions of
this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance
6.1.1. Contractor shall secure and maintain throughout the duration of this Contract insurance
of such types and in such amounts not less than those specified below as satisfactory to the
Village, naming the Village as an Additional Insured, underwritten by a firm rated A-X or
better by Bests Rating and qualified to do business in the State of Florida. Certificates of
Insurance shall be provided to the Village, reflecting the Village as an Additional Insured, no
later than ten (10) days after award of this Contract and prior to the execution of this
Contract by Village and prior to commencing any Work. Each certificate shall include no less
than (30) thirty-day advance written notice to Village prior to cancellation, termination, or
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Fire Departm ent W om en's Bathro om Renovation Im provem ents - ITB ff 2023-06
material alteration of said policies or insurance. The insurance coverage shall be primary
insurance with respect to the Village, its officials, employees, agents and volunteers naming
the Village as additional insured. Any insurance maintained by the Village shall be in excess
of the Contractor's insurance and shall not contribute to the Contractor's insurance. The
insurance coverages shall include at a minimum the amounts set forth in this Section 6.1.
6.1.1.1. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and Product
Liability coverages and eliminate the exclusion with respect to property under the care
custody and control 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 minimum limits of $1,000,000 per Occurrence,
combined single limit for Bodily Injury and Property Damage. Coverage must be
afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include Owned, Hired, and Non-Owned Vehicles.
6.1.1.4. 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. ,
~ACV!i-..PAR'Jy will (31J<j 0~1)1Jc:>,R5 /2.1?,.11 (f\J6, ,o P'PJJtr:-c.T TJ,fel(e owA.J
(1JTe1l~•
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
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F ir e D e p a rt m e n t W o m e n 's B a t h ro o m R e n o v a tio n Im p ro v e m e n ts - 1TB ff 2 0 2 3 -0 6
shall not only name the types of policy(ies) provided, but also shall refer specifically to this
Contract and shall state that such insurance is as required by this Contract. The Village
reserves the right to inspect and return a certified copy of such policies, upon written
request by the Village. If a policy is due to expire prior to the completion of the Work,
renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the
date of their policy expiration. Each policy certificate shall be endorsed with a provision that
not less than thirty (30) calendar days' written notice shall be provided to the Village before
any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject
to approval of the Village.
6.1.2.1. Additional Insured. The Village is to be specifically included as an Additional
Insured for the liability of the Village resulting from Work performed by or on behalf
of the Contractor in performance of this Contract. The Contractor's insurance,
including that applicable to the Village as an Additional Insured, shall apply on a
primary basis and any other insurance maintained by the Village shall be in excess of
and shall not contribute to the Contractor's insurance. The Contractor's insurance
shall contain a severability of interest provision providing that, except with respect to
the total limits of liability, the insurance shall apply to each Insured or Additional
Insured (for applicable policies) in the same manner as if separate policies had been
issued to each.
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.
i'f.J, IJO ~tv O.s C PeQlP:-of?.rnnw c.e o /1.. o ·i'"l)e.A w u.e.1 l 5- i2e.. QIJ 1 ~~e o
,, 6.2. Bonds. If required by the Village, prior to performing any portion ctf"the Work and within three
/.(q' (3) days of the Effective Date hereof, the Contractor shall deliver to Village the Bonds required
/{J to be provided by Contractor hereunder (the bonds referenced in this Section are collectively ~- t referred to herein as the "Bonds"). Pursuant to and in accordance with Section 255.05, Florida t 1~ le,, Statutes, the Contractor shall obtain and thereafter at all times during the performance of the
n( qf ,,? Work maintain a separate performance bond and labor and material payment bond for the Work,
'\ to ~ ~each in an amount equal to one hundred percent (100%) of the Contract Price and each in the
~ Ii~- form provided in the Contract Documents or in other form satisfactory to and approved in writing
1
\ \\ ~ 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
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Fire Department Women's Bathroom Renovation Improvements - ITB # 2023-06
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. CONTRACT OR'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.
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.
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F ir e D e p a rt m e n t W o m e n 's B a t h r o o m R e n o v a t io n Im p r o v e m e n t s - IT B # 2023-06
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
service under this Contract because of race, color, religion, sex, national origin,
orphysical 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
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F ir e D e p a r tm e n t W o m e n 's B a t h ro o m R e n o v a tio n Im p ro v e m e n ts - IT B # 2023-06
req u ired licen ses an d perm its w hether fede ral, state, C ou n ty or V illage . Co ntractor
ackno w le d g es that it is the ob ligation of Contracto r to obtain all lic en ses and pe rm its
req u ired fo r th is Pro ject, incl ud ing Village bu ild ing pe rm its.
\/(fl~e=-er ~t::_y @ ls.c.t;yAJa r.J(j II! f'.Z.c111i>e:. .p '"~5, $v.:;.tl<'T>, e.\)ilJn~b
l'J ll)IJ c1r/Jt' fZ. i)1Gc..., pJJ:,11 .s -',A .' r: .
8 . D EFA U LT A N D '.fi:R IW l'N\l\J,l,iWti 7e.er/1i I s /1-r /VO C:,::;>'Ji:.T -na C O IV 7"P.l,}C.7 &J/f
8.1. If Co ntracto r fa ils to tim e ly begin the W o rk, or fa ils to pe rfo rm the W o rk w ith su ffi cient w orkers
and eq u ip m e nt or w ith suffi cie nt m aterials to insu re the pro m pt co m pletio n of the W o rk w ithin
the C o ntract Tim e or Fin al Co m p letio n Tim e as speci fi ed in Sectio n 2, or shall perf o rm the W ork
un su itab ly, or cau se it to be rejected as defe ctive an d unsu itable, or sh all disco ntinu e the
pro secutio n of the W o rk pu rsuan t to the accepted schedu le or if th e C o ntractor shall fa il to
perfo rm an y m ate rial term set fo rth in the Co ntract Do cum ents or if C on tracto r shall beco m e
inso lvent o r be decl a red ban krupt, or co m m it any act of ban krup tcy or inso lven cy, or sh all m ake
an assignm e nt fo r th e be nefi t of cred ito rs, or fr o m any othe r cause w hatso ever sh all not carry
on the W o rk in an accep tab le m an ner, V illage m ay, upo n seven (7) days after send ing C o n tractor
a w ritten N o tice of Term inatio n, term inate the services of C o n tractor, exclu d e Contracto r fr om
the Pro ject site, pro vid e fo r altern ate prosecution of the W o rk, appro priate or use an y or all
m aterials an d eq u ip m en t on the Project site as m ay be su itable an d acce p table, an d m ay finish
the W o rk by w hatever m etho ds it m ay dee m exped ie nt. In such case Con tractor shall not be
en titled to receive an y furthe r paym ent until the Project is co m pleted. A ll dam ages, costs and
charges incurred by V illage, to gethe r w ith the costs of co m p le ting th e Project, shall be de ducted
fr o m any m o nie s du e or w hich m ay beco m e due to Contractor. In case the dam ag es and
expenses so incu rred by V illage shall exceed m onies due C o n tractor fr o m V illag e, Con tractor shall
be liab le and shall pay to Village the am o u nt of said excess pro m p tly up on de m an d the refo re by
V illage. In the event it is adju d icated that Village w as not entitled to te rm inate th e Co ntract as
de scrib ed he reu nd e r fo r defau lt, the Co ntract shall au tom atic ally be de e m e d te rm inated by
V illage fo r co n ven ie n ce as describ ed belo w .
8.2. This Co ntract m ay be te rm inated by the V illage fo r co nven ien ce up o n seven (7) calen da r days'
w ritt en no tice to the Co n tracto r. In th e event of such a te rm in ation, the C on tractor shall incur
no furthe r ob ligatio ns in co nn ectio n w ith the Pro ject an d shall, to th e exte n t po ssible, term inate
an y outstan d ing sub co n tracto r ob ligatio ns. The C o ntracto r sh all be com p e n sated fo r all se rvices
pe rfo rm ed to the satisfa ctio n of the V illage. In such even t, the C ontracto r shall pro m ptly subm it
to the V illage its A p p licatio n fo r Paym e nt fo r final paym e nt w hich sha ll co m ply w ith the pro visions
of the C on tract D o cum e nts.
9. MISCELLANEOUS
9.1. No Assignment. N e ithe r party sh all assign the Co ntract or an y su b -co ntract in w ho le or in part
w itho ut the w ritte n co n se nt of the other, no r shall Contractor assig n an y m o n ies due or to
beco m e du e to it he re un d e r, w itho ut the previo us w ritte n co n se n t of th e Village M anag er.
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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 authorltv 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.
9.4.1. Contractor shall conform to and obey all applicable laws, regulations, or ordinances with
regard to labor employed, hours of Work and Contractor's general operations. Contractor
shall conduct its operations so as not to interfere with or close any 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&£ 1e.it-¥~er
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
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or hindrance from any cause whatsoever, whether such delay, disruption, interference or
hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or
unavoidable or whether or not caused by Village. Contractor shall be entitled only to extensions
of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding
the above Contractor may be granted an extension of time and suspension of liquidated damages
for any delay beyond the control of the Contractor. Should any delay, disruption, interference
or hindrance be intentionally caused by the Village, for a continuous period or cumulative period
of thirty (30) days, the Contractor may terminate the Contract upon seven (7) days written notice
to the Village
9.7. Authorized Representative.
9.7.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative ("Authorized Representative") acceptable to
Village to represent and act for Contractor and shall inform Village, in writing, of the 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.
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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
ofthe 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.
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
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equipm ent incorporated into or to be incorporated into the W ork or Project. The Contractor is
required to pay all subcontractors fo r satisfa ctory perfo rm ance of their contracts as a condition
precedent to paym ent to Contractor by the Village. The Contractor shall also return all retainage
w ithheld to the subcontractors w ithin 30 days aft er the subcontractor's w ork is satisfa ctorily
com plete and accepted by the Village.
9.17. Liens. Contractor shall not perm it any mechanic 's, laborer's or materialm en's lien to be
filed against the Pro ject site or any part thereof by reason of any W ork, labor, serv ices or
m aterials supplied or cl aim ed to have been supplied to the Pro ject. In the event such a lien is
fo und or cl aim ed against the Project, Contractor shall w ithin ten (10) days after notice of the lien
discharge the lien or liens and cause a satisfa ction of such lien to be recorded in the public records
of M iam i-D ade County, Florida, or cause such lien to be transferred to a bond, or post a bond
suff ici ent to cause the Clerk of the Circuit Court of M iam i-Dade County, Florida, to discharge such
lien pursuant to Chapter 713 .24, F.S. In the event Contractor fa ils to so discharge or bond the
lien or liens w ithin such period as required above, Village shall thereafter have the right, but not
the obligatio n, to discharge or bond the lien or liens. Additionally, Village shall thereafter have
the right, but not the obligation, to retain out of any paym ent then due or to becom e due
C o ntractor, one hundred fift y percent (150%) of the am ount of the lien and to pay Village 's
reasonable att o rn eys' fees and costs incurred in connection therewith.
9.18. Governing Law. This Contract shall be construed in acco rdance with and govern ed by
the law s of the State of Florida. Venue fo r any litigation arising out of this Contract shall be
pro per excl usively in M iam i-D ade County, Florida.
9.19. Waiver of Jury Trial. VILLAGE AND CO NTR ACTO R KNOW INGLY, IRREVOCABLY,
VO LU N TA R ILY A ND IN TEN TIO N A LLY W AIVE AN Y RIGHT EIT HER M AY HAVE TO A TRIAL BY JURY IN
STATE A N D O R FED ERA L CO URT PRO CEEDING S IN RESPECT TO ANY ACTIO N, PROCEED ING,
LA W SU IT O R CO UN T ERCLA IM BASED UPO N TH E CONTR ACT FO R CO NSTR UCTIO N, ARISING OUT
O F, U N D ER, O R IN CO NN ECT IO N W ITH TH E CONSTRUCT IO N OF THE W ORK, OR ANY COURSE OF
C O N D U CT, CO U RSE OF DEA LI N G, STATEM ENTS OR ACTIO NS OR INACTIO NS OF ANY PARTY .
9.20. Notices/Authorized Representatives. Any notices required by this Contract shall be in
w riting and shall be deem ed to have been pro perly given if transm itt ed by hand-delivery , by
registered or cert ified m ail w ith postage prepaid return receipt requested, or by a private postal
serv ice, add ressed to the part ies (or their successors) at the addresses listed on the signature
page of this Co ntract or such other address as the party may have designated by pro per notice.
9.21. Prevailing Party; Attorneys' Fees. In the event of any contro versy, claim , dispute or
litigation betw een the parties arising fr om or relating to this Contract (including, but not lim ited
to, the enfo rcem ent of any indem nity provisions), the prevaili ng party shall be entitled to recover
fr om the non-prevaili ng part y all reasonable costs, expenses, paralegals' fees, experts' fees and
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Fire Departm ent W om en's Bathro om Renovation Im provem ents - ITB II 2023-06
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
~ ':°tV'lr"_t;..;tJr\Jrt-:/t./:Jero ,-:_ '
("Work Product") belong -to tne Vi-Ha ge. Contractor sRall 13roR'li:,tly eliselo-'~ sac I I Work
~ct to the Village and perforR'l all aetioM~ 1 ee-'01 ,ably I equested by L11e Village (Whether
d•.1cing or.a£~er ~l:19 tern~ Qfthi~ Cont+act) to establish an:c::: ::::::~:1s1,ip (i11cladit1g;
w1tb011l:::l:i:fI:J:itat,a!, ass,game-nts., j?awefS::&~r.ie.y-a.A - • -- , -----~--}-.
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. Th~
1
VY,;~e
Manager or her designee shall, during the term of this Contract and for a period ~~~
~from the date of termination of this Contract, have access to and the right to examine
and audit any reco rds 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 reco rds 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 reco rds 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. .,
-All F<..~e??0<E'::sr--s. -GHIi-ii Be. 1Jl//-tJ>t?-&lfr&dG' ·"/hc.Cfrt:J P~y-'- E;J<..f'i12.t::.
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
P...cJ:itkJJ;. P,,1Z.m1'-t-::,5<))121/'6:V$. ~•'l?u:;r//1/h TO Co1v~/;JAr."/. aJL~ 1 ta&n~s relat1!g t~~-ict in the possession ·of the Contractor shall be
delivered by the Contractor to the Village Manager, at no cost to the Village, within seven
(7) days. All such reco rds 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 reco rds disclosure requirements.
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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
1
CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Jocelyn B. Koch
Mailing address: 88 West McIntyre Street
Key Biscayne, FL 33149
Telephone number: 305-365-5506
Email: ikoch@keybiscayne.fl.gov
9.23. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the Village
requires all contractors doing business with the Village to register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. The Village will not
enter into a contract unless each party to the contract registers with and uses the E-Verify
system. The contracting entity must provide of its proofofenrollment in E-Verify. For instructions
on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please
visit: https://www.e-verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in
e-verify. By entering into this Agreement, the Contractor acknowledges that it has read Section
448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section
448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from
subcontractors; and has executed the required affidavit attached hereto and incorporated
herein.
10. SPECIAL CONDITIONS
10.1. 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. [INCLUDE OR UPDATE SPECIAL CONDITIONS
BELOW AS NEEDED FOR A GIVEN PROJECT OTHERWISE PROVIDE, "NONE" OR "INTENTIONALLY
OMITTED"
10.2. Preliminary Steps.
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10.2.1 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 will be held between the Village, the Contractor, and the Project Consultant.
The Contractor must submit its project schedule and schedule of values, if applicable,
prior to this conference.
10.3. Project Schedule. Contractor must submit a proposed Project Schedule as follows:
10.3.1. 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.
10.3.2. All updates of schedules must be tracked against the baseline schedule and must be at a
minimum submitted with each pay application. An updated schedule tracked against the
baseline must also be submitted upon execution of each CO that impacts the Contract Time.
Failure to submit such schedules will result in the rejection of any submitted payment
application.
10.3.3. All Project Schedules must be prepared in Microsoft Project 2007 or earlier unless
otherwise approved by the Project Consultant or Village as applicable. At the time of
submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
10.3.4. In addition to the Project Schedule the Contractor must provide a two (2) week look
ahead schedule that reflects the Work to be performed during the following two (2) week
period. The look-ahead schedule must be provided to the Project Consultant and Village at
a regular frequency prior to the start of the two-week period. This schedule will, at a
minimum, include the area(s) where Work is to be performed and the Work to be performed
in the area(s).
10.4. Schedule of Values. The Contractor must submit two copies of schedule of values within
ten (10) calendar days from the date this Contract is executed by both parties. The schedule of
values shall indicate a complete breakdown of labor and material of all categories of Work on
the Project. Contractor's overhead and profit must be listed as separate line items. 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
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F ire D e p a rt m e n t W o m e n 's B a th ro o m R e n o v a tio n Im p ro v e m e n ts - IT B I# 20 2 3 -0 6
not exceed 5% of the value of the Contract. The accepted Schedule of Values must be
incorporated into the Contractor's payment application form.
fll-/o.-lh~~l'h~ ,1'/:ef'I '~" ere, ,vf/J.~t}PI'- w~, II IS G- Po d. k-1- /s. ow~
10.5. Construction Photographs. ifrio'r to commencement of the Work the Contractor · ~P .
take dlgi otographs and color audio-video recording to document existing con · ons and c.or-J t1e,v,r,#/f.
acceptable format to the Village prior to commence of the Work . .,._----
each application for payment photogra
the progress of all aspects of the rk. The number of photogr
the magnitude of the Work being pe
glossy commercial grade and weight color
the Village. Each photograph must
and time the picture was t n. Digital photographs must be tak using .jpeg format and will
be submitted on a lv'I or flash drive clearly identifying the name he Project, the name
of the Cont , and the timeframe in which the pictures were taken. lnitia t up prints will
in a three-ring binder with each picture protected by a clear pla · sleeve.
Subse ent prints are to be submitted in clear plastic sleeves that can be added to the bin
e three-ring binder must be of such size to be able to hold all print pictures.
10.6. Staging Site.
10.6.1. 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.
10.6.2. The Village at its sole discretion may make a staging site available for use by the
Contractor. If such site is made available by the Village, the Village assumes no responsibility
or liability for the equipment or materials stored on the site, and the Contractor will be solely
responsible for any loss, damage or theft to its equipment and materials. The Contractor
must restore the site to its pre-existing condition prior to the Contractor's use of the site.
10,6.3, The Contractor may be required to provide or may choose to use an office trailer for the
duration of the Project. The Contractor must have the prior written approval of the Village
as to the use of any office trailer and the placement location for the office trailer. The
Contractor must obtain all required permits from the appropriate regulatory agencies.
10.6.4. No parking is permitted at a Village provided staging site without the prior written
approval of the Village.
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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 FDOT),
Miami-Dade County, and Village 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.
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
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reserv es the right to order changes, w hich m ay result in additions to or reductions from
the am ount, type or value of the W ork show n in the Contract, and w hich are w ithin the
general scope of the Contract Docum ents, and all such changes w ill be authorized only
by a change order ("CO ") approved in advance and issued in accordance w ith provisions
of the Contract D ocum ents.
10.12.1.2. For Contract or initiated change orders, the Contractor is required to provide the
Project Consultant w ith a detailed Request fo r Change Order ("RCO") in a fo rm appro ved
by the V illage, w hich m ust include the requested revisions to the Contract, including, but
not lim ited to, adjustm ents in the Contract Price and/or Contract Tim e. The Contractor
m ust pro vide suff icient support ing docum entation to dem onstrate the reasonableness
of the RCO . The Village m ay require Contractor to pro vide additional data including, but
not lim ited to, a cost breakdow n of m aterial costs, labor costs, labor rates by trade, w ork
cl assifications, and overhead rates to support the RCO. If applicable, the RCO m ust
incl ude any schedule revisions accom panied by an explanation of the cost im pact of the
proposed change. Failure to include schedule revisions in an RCO w ill be deem ed as the
C ontractor's acknow ledgem ent that the changes incl uded in an RCO w ill not affect the
project schedule.
10.12.1.3. A ny m odifications to the Contract W ork, Contract Tim e, or Contract Price, must be
effect uated thro ugh a w ritt en CO executed by both part ies.
10,12.1.4. In the event a satisfactory adjustm ent cannot be reached, and a CO has not been
issued, given that tim e is of the essence, the Village reserv es the right, at its sole option,
to direct the Contract or to proceed on a tim e and materials basis or make such
arrangem ents as m ay be deem ed necessary to com plete the proposed additional W ork
at the unit pric es provided in the Contract Docum ents. W here the Village direct s the
Contract or to pro ceed on a tim e and m aterials basis, the Contractor m ust maintain
detailed records of all labor and m aterial costs incl uding but not lim ited to payro ll records
and m aterial receipts. Contractor m ust dem onstrate its costs w ith suffi cient evidence to
be entitled to com pensation from the Village.
10.12.2.Extension of Contract Tim e.
10.12.2.1. If the Contractor is delayed at any tim e during the pro gress of the W ork beyond the
tim e fr am e provided fo r Final Com pletion by a delay beyond the reasonable contro l of
the Contractor, then the Contract Tim e shall be extended subject to the fo llowing
conditions:
10.12.2.2. The Contractor subm its an RCO requesting the additional Contract Tim e w ithin five
(5) calendar days aft er the Contractor knew or should have know n about the delay;
10.12.2.2.1. The cause of the delay arose aft er the issuance of the NTP and could not
have been antici pated by the Contractor thro ugh reasonable investigation befo re
proceeding w ith the W ork;
10.12.2.2.2. The Contractor dem onstra tes that the com pletion of the W ork w ill actually
be affected by the cause of the delay;
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10.12.2.3. 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
10.12.3.1. Contractor must co ntinue 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 reco rds of all deviations from
the Drawings as approved by the Project Consultant and prepare two copies of As-Built Reco rd
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 co rrect and accurate, including the actual location of all
infrastructure. To record actual construction, Contractor must legibly mark on-site structures and
site Work as follows:
10.13.1. 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.
10.13.2. Location of internal utilities and appurtenances concealed in the co nstruction.
10.13.3. Field changes in dimensions and details.
10.13.4. Changes made by Project Consultant's written instructions or by Change Order.
10.13.5. Details not on original Contract Drawings.
10.13.6. Project Consultant's schedule changes according to Contractor's reco rds and shop
drawings.
10.14. Specifications and Addenda: Legibly mark each section to reco rd:
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 ates-addinonal
co st, including digital I (CAD and PDF) versions.
';r-to ·~e- o i' > / At::i, ·e
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10.15.2. For constru ction offl eld im pro vements, 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 Docum ents, including, but not limited to, all Drawings, Specifications, amendments,
cos, RFls, and field directives, as well as all written interpretations and clarifications issued by the
Pro ject Consultant, in good order and annotated to show all changes made during construction. The
record docum ents must be continuously updated by Contractor throughout the prosecution of the
W ork to accurately reflect all field changes that are made to adapt the W ork to field conditions,
changes resulting fro m 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.
Contra ctor must cert ify 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 Com pletion and as a condition precedent to Contractor's entitlement to final
paym ent, the Record Set must be delivered to the Project Consultant by the Contractor. The Record
Set of Draw ing must be subm itted in both hard copy and as electronic plot files.
10.18. Hurricane Preparedness. During such periods of time as are designated by the United States
W eather Bureau or M iam i-Dade County as being a severe weather event, including a hurricane
w atch or warn ing, the Contractor, at no cost to the Village, must take all precautions necessary to
secure any W ork 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 W ork caused by a threatened or actual storm event, regardless of whether the
Village has direct ed such suspension, will entitle the Contractor to additional Contract Time as non
com pensable, excusable delay.
[Remainder of page intentionally left blank. Signature pages follow.]
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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year as
first stated above.
VILLAGE OF KEV BISCAYNE CONTRACTOR
By: _
Steven C. W illiam son
Village Manager
Attest:
By: _
Jocelyn B. Koch
Village Clerk
Appro ved as to fo rm and legal sufficiency:
By: _
W eiss Sero ta Helfman Cole & Bierman, P.L.
Village Attorn ey
Addresses for Notice:
Village of Key Biscayne
Attn: Village M anager
88 W est McIntyre Street
Key Biscayne, FL 33149
305-365-5514 (telephone)
305-365-8936 (fa csim ile)
sw i!liam son@ keybiscayne.fl.gov (email)
With a copy to:
W eiss Serota Helfman Cole & Bierman, P.L.
Attn: Chad Friedm an, Esq.
Village of Key Biscayne Attorn ey
2800 Ponce de Leon Boulevard, Suite 1200
Coral Gables, FL 3313 4
cfriedm an@ w sh-law .com {email)
By: _
Name: _
Title: _
Entity: _
Addresses fo r Notice:
___________ {telephone)
___________ (telephone)
___________ {facsimile)
___________ (email)
W ith a copy to:
(telephone) ------------
(facsimile) ------------ ___________ (email)
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E-VERIFV AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the Village requires all contractors doing business
with the Village to register with and use the E-Verify system to verify the work authorization status of all
new ly hired em ployees. The Village will not enter into a contract unless each party to the contract
registers w ith and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to
provide pro ofo fthe contracting entity's participation/enrollment in E-Verify, please visit: https://www.e
verify .gov/fa g/how -do-i-provide-pro of-of-my-participationenrollment-in-e-verify
By signing below , the contracting entity acknowledges that it has read Section 448.095, Florida Statutes
and will com ply with the E-Verify requirements imposed by it, including but not limited to obtaining E
Verify affidavits from subcontractors.
D Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
In the presence of: Signed, sealed and delivered by:
W itness #1 Print Nam e: _
W itness #2 Print Nam e: _
Print Name: _
Title: _
Entity Name: _
ACKNOWLEDGMENT
State of Florida
County of _
The fo regoing instrum ent w as acknow ledged befo re me by means of! physical presence or! online
notarization, this __ . day of __, 20_, by _
(nam e of person) as (type of authority) for _
___ (nam e of party on behalf of whom instru ment is executed).
Notary Public (Print, Stamp, or Type as
Cornmissloned):
___ Personally know n to me; or
___ Pro duced identification (Type of Identification: _
___ Did take an oath; or
___ Did not take an oat
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EXHIBIT A
SCOPE OF SERVICES
The Scope of Serv ices are those contained in Section 2 of the Proposal dated 11flJall/Jt.( fl l . 2023,
att ached hereto and incorporated herein by reference.
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