Loading...
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. 1 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 2 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: _ 55 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. 56 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 57 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 58 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 59 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 60 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 61 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. 62 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 63 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. 64 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 tio n Im p ro v e m e n ts - IT B It 2023-06 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. 65 Fire Depart m ent W om en's Bathroom Renovation Im provem ents - IT B # 2023-06 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 66 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 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. 67 Fire Depart m ent W om en's Bathroom Renovation Im provem ents - IT B # 2023-06 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 68 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 ts - IT B # 2023-06 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 69 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. 70 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 ts - 1T B # 2023-06 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. 71 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 ve m e n ts - 1TB # 2023-06 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 72 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. 73 Fire Depart m ent W om en's Bathroom Renovation Im provem ents - ITB # 2023-06 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 7'1 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 ts - IT B # 2023-06 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; 75 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 t io n Im p ro v e m e n ts - IT B ti 2023-06 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 76 Fire 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 atio n Im p ro ve m e n ts - ITB n 2023-06 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.] 77 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 - ITB # 2023-06 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) 78 Fire 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 # 2023-06 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 79 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 I# 2 0 2 3 -0 6 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. 80