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HomeMy Public PortalAbout2021 Park - 530 Crandon BoulevardCONTRACT FOR CONSTRUCTION, THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made by and between the VILLAGE OF KEY BISCAYNE, FLORIDA, a Florida municipal corporation, whose mailing address is 88 West McIntyre Street, Key Biscayne, Florida 33149 (hereinafter referred to as "Village"), and CRITICAL PATH SERVICES, INC., with its principal place of business at 3305 S.W. 37th Avenue, Miami, Florida 33133 (hereinafter referred to as "Contractor"). WITNESSETH WHEREAS, in response to the Village's Request For Proposals ("RFP"), Contractor submitted a proposal for the Project, which Proposal is incorporated herein by reference and made a part hereof, and includes the Schedule of Values (Pricing) attached hereto as Exhibit "A"; and WHEREAS, Contractor submitted a proposal in response to the RFP and was selected to enter into this Contract for performance of the Work (as hereinafter defined); and WHEREAS, the Work or Project consists of construction of a park at 530 Crandon Boulevard; 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 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: ARTICLE 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 Calvin, Giordano & Associates, Inc. (the "Village's Project Consultant"), originally dated March 22, 2018 and revised and dated April 27, 2021, as more particularly set forth on the plan list attached hereto as Exhibit A (the "Plans"), and any other documents incorporated herein by reference and made a part of this Contract for the following Project: 530 Crandon Park. Page 1 of 27 ARTICLE 2 CONTRACT TIME 2.1 Contractor shall be instructed to commence the Work by written instructions in the form of a Notice to Proceed providing a commencement date and issued by the Village Manager or designee. The Notice to Proceed will not be issued until Contractor's submission to Village of all required documents and after execution of this Contract. 2.2 Time is of the essence throughout this Contract. The Contractor shall prosecute the Work with faithfulness and diligence and the Work shall be substantially completed within One Hundred Eighty (180) calendar days from the date specified in the Notice to Proceed ("Contract Time"). Substantial Completion shall be defined for this purpose as the date on which Village receives beneficial use of the Project. The Work shall be fully completed in accordance with the Contract Documents within thirty (30) calendar days after the date of Substantial Completion ("Final Completion"). The Final Completion date is defined as the date agreed to by the Village when all Work has been completed in accordance with the Contract Documents. 2.3 Upon failure of Contractor to substantially complete the Contract within the Contract Time, Contractor shall pay to Village the sum of Five Hundred Dollars ($500.00) for each calendar day after the expiration of the Contract Time up until Contractor achieves substantial completion of the Project. Upon failure of Contractor to achieve Final Completion within thirty (30) calendar days after the date of Substantial Completion, Contractor shall pay to Village the sum of Five Hundred Dollars ($500.00) for each calendar day after the expiration of that 30 -day period up until Contractor achieves Final Completion. These amounts are not penalties but are liquidated damages payable by Contractor to Village for the failure to provide full beneficial occupancy and use of the Project as required. Liquidated damages are hereby fixed and agreed upon between the parties who hereby acknowledge the difficulty of determining the amount of damages that will be sustained by Village as a consequence of Contractor's delay and failure of Contractor to complete the work of the Contract on time. The above -stated liquidated damages shall apply separately to achievement of Substantial Completion and achievement of Final Completion of the Project. 2.4 Village is authorized to deduct the liquidated damages from monies due to Contractor for the Work under this Contract. In case the liquidated damage amount due to Village by Contractor exceeds monies due Contractor from Village, Contractor shall be liable and shall immediately upon demand by Village pay to Village the amount of said excess. ARTICLE 3 CONTRACT PRICE 3.1 Village shall pay to Contractor for the performance of the Work the fixed total lump sum of One Million Three Hundred Twelve Thousand Three Hundred Seventy -Four Dollars Page 2 of 27 ($1,312,374.00) in accordance with the Contractor's Proposal and Schedule of Values (Pricing), attached hereto as Exhibit "A" along with a Seventy -Five Thousand Dollar ($75,000.00) allowance for the undergrounding of the power lines, for a total not to exceed amount of $1,387,374.00 ("Contract Price"). This Contract Price shall be full compensation for all services, labor, materials, equipment and costs, including overhead and profit, associated with completion of all the Work in full conformity with the Contract Documents and adjusted only by written change orders signed by both parties and approved as required by local law. The Contract Price shall include all applicable sales taxes as required by law. 3,2 Village shall make progress payments, deducting the amount from the Contract Price above on the basis of Contractor's Applications for Payment on or before twenty (20) days after receipt of the Pay Application. Rejection of a Pay Application by the Village shall be within twenty (20) days after receipt of the Pay Application. Any rejection shall specify the applicable deficiency and necessary corrective action. Any undisputed portion shall be paid as specified above. All such payments will be made in accordance with the Schedule of Values established in the Contract Documents. Pay Applications shall be submitted monthly by Contractor on or before the 10th of each month for Work performed during the prior month. Progress payments shall be made in an amount equal to the percentage of Work completed, but, in each case, less the aggregate of payments previously made and less such amounts as Village shall determine or Village may withhold taking into account the aggregate of payments made and the percentage of Project completion in accordance with the Contract Documents and Schedule of Value, if any. The Contractor agrees that five percent (5%) of the amount due for each progress payment or Pay Application (the "Retainage") shall be retained by Village until Final Completion and acceptance of the Work by Village. In the event there is a dispute between Contractor and Village concerning a Pay Application, the Village and Contractor agree to abide by the process stated in Florida Statutes Section 218.735, which includes dispute resolution in accordance with Section 218.76(2). 3.3 Each Pay Application shall include an affidavit or partial release or waiver of lien by Contractor indicating that partial payments received from the Village for the Work have been applied by Contractor to discharge in full all of Contractor's obligations, including payments to subcontractors and material suppliers. 3.4 The payment of any Pay Application by the Village, including the final request for payment, does not constitute approval or acceptance by the Village of any item of the Work reflected in such Pay Application, nor shall it be construed as a waiver of any of the Village's rights hereunder or at law or in equity. 3.5 Upon Final Completion of the Work by Contractor in accordance with the Contract Documents and acceptance by the Village, and upon receipt of consent by any surety, Village shall pay the remainder of the not to exceed Contract Price owed and Retainage as recommended by the Village's Project Consultant. Final payment is contingent upon receipt by Village from Contractor of at least one complete set of as -built plans, reflecting an accurate depiction of Contractor's Work. Page 3 of 27 3.6 This Contract is subject to the conditions precedent that: (i) Village funds are available and budgeted for the Contract Price; (ii) the Village secures and obtains any necessary grants or loans for the accomplishment of this Project pursuant to any borrowing legislation adopted by the Village Council relative to the Project; and (iii) Village Council enacts legislation which awards and authorizes the execution of this Contract, if such is required. The Village represents that via its Capital Authorizing Ordinance and Capital Improvements Project Budget, there is $1.2 million available for the 530 Crandon Park Project for the fiscal year ending September 30, 2021 and the remaining funds needed to complete the Project are intended to be included in the Village's next fiscal year's budget. ARTICLE 4 CONTRACT DOCUMENTS, 4.1 The Contract Documents, which comprise the entire agreement between the Village and the Contractor concerning the Work, consist of this Contract for Construction (including any change orders and amendments thereto), the Plans and Specifications, the Technical Specifications, the RFP for the Project, the Contractor's Proposal for the Project (including the Schedule of Values), the Bonds (defined herein), Insurance Certificates, the Notice of Selection, 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. Contractor is reminded and hereby recognizes that all Work under this Contract must comply with all applicable federal, state and local law. Any mandatory clauses which are required by applicable law shall be deemed to be incorporated herein. 4.2 This Contract incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of these Contract Documents that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 4.3 The Contract Documents shall remain the property of the Village. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project; however in no circumstances shall the Contractor use, or permit to be used, any or all of such Contract Documents on other projects without the Village's prior written authorization. ARTICLE 5 INDEMNIFICATION 5.1 Contractor shall defend, indemnify, and hold harmless the Village, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, including legal fees and costs through all levels of hearings, trial and appeal, arising out of or, related to, or in any way connected with Page 4 of 27 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. ARTICLE 6 INSURANCE AND BONDS, 6.1 Insurance. 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 by endorsement, no later than ten (10) days after execution of this Contract by Contractor and prior to the execution of this Contract by Village and prior to commencing any Work. Each certificate shall include no less than (30) thirty - day advance written notice to Village prior to cancellation, termination, or material alteration of said policies or insurance. The insurance coverage shall be primary insurance with respect to the Village, its officials, employees, agents and volunteers naming the Village as additional insured. Any insurance maintained by the Village shall be in excess of the Contractor's insurance and shall not contribute to the Contractor's insurance. The insurance coverages shall include at a minimum the amounts set forth in this Section 6.1. (a) Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages 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. (b) Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Work pursuant to this Contract who is not covered by Worker's Compensation insurance. Page 5 of 27 (c) Business Automobile Liability with minimum limits of $1,000,000 per Occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include Owned, Hired, and Non -Owned Vehicles. (d) 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. (e) 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. (f) Certificate of Insurance. On or before the Effective Date of this Contract, the Contractor shall provide the Village with Certificates of Insurance for all required policies. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Contract, including any extensions or renewals that may be granted by the Village. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Contract and shall state that such insurance is as required by this Contract. The Village reserves the right to inspect and return a certified copy of such policies, upon written request by the Village. If a policy is due to expire prior to the completion of the Work, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the Village before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the Village. (g) Additional Insured. The Village is to be specifically included as an Additional Insured by endorsement 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. (h) 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. Page 6 of 27 (i) The provisions of this section shall survive termination of this Contract. 6.2 Bonds. Prior to performing any portion of the Work and within three (3) days after the Effective Date hereof, the Contractor shall deliver to Village the Bonds required to be provided by Contractor hereunder (the bonds referenced in this Section are collectively referred to herein as the "Bonds"). Pursuant to and in accordance with Section 255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the performance of the Work maintain a separate performance bond and labor and material payment bond for the Work, each in an amount equal to one hundred percent (100%) of the Contract Price and each in the form provided in the Contract Documents or in other form satisfactory to and approved in writing by Village and executed by a surety of recognized standing with a rating of B plus or better for bonds up to Two Million Dollars. The surety providing such Bonds must be licensed, authorized and admitted to do business in the State of Florida and must be listed in the Federal Register (Dept. of Treasury, Circular 570). The cost of the premiums for such Bonds is included in the Contract Price. If notice of any change affecting the Scope of the Work, the Contract Price, Contract Time or any of the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice shall be Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do business in Florida is terminated or it ceases to meet applicable law or regulations, the Contractor shall, within five (5) days of any such event, substitute another bond (or Bonds as applicable) and surety, all of which must be satisfactory to Village. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS AND WARRANTIES In order to induce the Village to enter into this Contract, the Contractor makes the following representations and warranties: 7.1 Contractor Represents the following: 7.1.1 Contractor has examined and carefully studied the Contract Documents and the other data identified in the RFP, including, without limitation, the "technical data" and plans and specifications and the Plans. 7.1.2 Contractor has visited the Project site and become familiar with and is satisfied as to the general and local conditions and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.1.3 Contractor is familiar with and is satisfied as to all federal, state and local laws, regulations and permits that may affect cost, progress, performance and furnishing of the Work. Contractor agrees that it will at all times comply with all requirements of the foregoing laws, regulations and permits. Page 7 of 27 7.1.4 Contractor has made, or caused to be made, examinations and investigations, as necessary to determine surface conditions and the underground utilities 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 utilities 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 and data concerning conditions (surface, and underground utilities 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 surface observations or investigations 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, provided, however, utility locations are tbd based upon FPL input and if, for example, Contractor encounters a large pocket of muck, or other condition of the soil under the surface that is unsuitable to build upon, the Village may authorize additional testing of the subsurface soils and provide an equitable adjustment to the Contract Price and Contract Time, to account for the unanticipated subsurface conditions. 7.1.5 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. 7.1.6 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 observations at the Site with the Contract Documents. 7.1.7 Contractor has given Village written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Village is acceptable to Contactor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work, provided, however, Contractor is not a design professional and Contractor's review has been made to the best of Contractor's abilities as a licensed general contractor. 7.1.8 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 Page 8 of 27 parts of the Work to be readily available as and when required or needed for or in connection with the construction, furnishing and equipping of the Project. 7.2 Contractor warrants the following: 7.2.1 Anti -Discrimination: Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Contract because of race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and agrees to abide by all federal and state laws regarding non-discrimination. 7.2.2 Anti -Kickback: Contractor warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the Village has any interest, financially or otherwise, in the Project. For breach or violation of this warranty, the Village shall have the right to annul this Contract without liability or, in its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 7.2.3 Licensing and Permits: Contractor warrants that it shall have, prior to commencement of Work under this Contract and at all times during said Work, all required licenses and permits whether federal, state, County or Village. Contractor acknowledges that it is the obligation of Contractor to obtain all licenses and permits required for this Project, including those from Miami -Dade County, provided, however, Contractor has not included provision for subsurface pollutant mitigation at the site, such as expediting work, permits or permit fees for such mitigation. The Village acknowledges that the site will be turned over to the Contractor with monitoring wells that have been approved by DERM as "no further action with conditions." Village building permits will also be required, with the Village permit costs to be waived. ARTICLE 8 DEFAULT AND TERMINATION 8.1 If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work within the Contract Time as specified in Article 2, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Contract Documents or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, Village may, after providing Contractor Page 9 of 27 with ten (10) Business Days advance written notice in a Notice of Termination, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by Village, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by Village shall exceed monies due Contractor from Village, Contractor shall be liable and shall pay to Village the amount of said excess promptly upon demand therefore by Village. In the event it is adjudicated that Village was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by Village for convenience as described below. 8.2 This Contract may be terminated by the Village for convenience upon ten (10) Business Days written notice to the Contractor. In the event of such a termination, the Contractor shall incur no further obligations in connection with the Project and shall, to the extent possible, terminate any outstanding subcontractor obligations. The Contractor shall be compensated for all services performed to the satisfaction of the Village. In such event, the Contractor shall promptly submit to the Village its Application for Payment for final payment which shall comply with the provisions of the Contract Documents. ARTICLE 9 MISCELLANEOUS 9.1 No Assiznment. Neither party shall assign the Contract or any sub -contract in whole or in part without the written consent of the other, nor shall Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the Village Manager. 9.2 Contractor's Responsibility for Damages and Accidents. 9.2.1 Contractor, with the understanding that Contractor will need to rely upon and coordinate losses with insurer(s) in the event of an occurrence on the Project that causes damage in excess of Contractor's or its subcontractors' deductibles, as the case may be, shall accept full responsibility for the Work against all loss or damage of any nature sustained by an occurrence or caused by its own forces or its subcontractor(s) 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. Contractor to obtain a Builder's Risk Policy Page 10 of 27 for the Project, with Contractor as loss -payee and Contractor solely responsible to meet the deductible in the event of a claim. 9.3 Defective Work. Warranty and Guarantee. 9.3.1 Village shall have the authority to reject or disapprove Work which the Village, utilizing commercially reasonable judgment and the construction industry standards for a project of similar nature and scope, 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 nondefective 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 commercially reasonable time specified Village without cost to Village. Should the manufacturer of any materials and equipment furnished provide for a longer warranty, then the Contractor shall transfer such warranty to the Village prior to Final Completion. Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under the Contract Documents including but not limited to any claim regarding latent defects. Contractor shall provide and assign to Village all material and equipment warranties upon completion of the Work hereunder. 9.3.4 Failure to reject any defective Work or material shall not in any way prevent later rejection when such defect is discovered. If the Village chooses to accept any patent defects upon Contractor achieving Substantial Completion of the Project, such acceptance shall be noted on the As -Built Plans, provided, however, the Village is under no obligation to do so. 9.4 Legal Restrictions and Hours of Work. Page 11 of 27 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 providing 48 hours advance notice to seek to obtain the prior written approval of the Village for same. 9.5 Examination and Retention of contractor's Records. 1. The Village or any of its duly authorized representatives shall, until three (3) years after final payment under this Contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this Contract for the purpose of making audit, examination, excerpts, and transcriptions. In addition, the Contractor agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes 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. 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. 4. The Village may cancel and terminate this Contract immediately for refusal, after notice and opportunity to cure, by the Contractor to allow access by the Village Manager or designees to any Records pertaining to work performed under this Contact that are subject to the provisions of Chapter 119, Florida Statutes. 9.6 No Damages for Delay. No claim for damages or any claim, other than for an extension of time shall be made or asserted against Village by reason of any delays. Contractor shall not be entitled to an increase in the Contract Price or payment or compensation of any kind from Village for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable or whether or not caused by Village. Contractor shall be entitled only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay. Notwithstanding the above Contractor may be granted an extension of time and suspension of liquidated damages for any delay beyond the control of the Contractor. Page 12 of 27 Should any delay, disruption, interference or hindrance be intentionally caused by the Village, for a continuous period of forty-five (45) days, the Contractor may either: (i) terminate the Contract upon ten (10) Business Days written notice to the Village; or (ii) submit a claim for an equitable adjustment in the Contract Price for the losses to Contractor that are due to such continuous delay intentionally caused by the Village and continue to complete the Project. 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 Representative 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 within a reasonable timeframe. 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. Page 13 of 27 9.10 Safe . Contractor shall be fully and solely responsible for safety and conducting all operations under this Contract at all times in such a manner as to avoid the risk of bodily harm to persons and damage to property. Contractor shall continually and diligently inspect all Work, materials and equipment to discover any conditions which might involve such risks and shall be solely responsible for discovery and correction of any such conditions. Contractor shall have sole responsibility for implementing its safety program. Village shall not be responsible for supervising the implementation of Contractor's safety program, and shall not have responsibility for the safety of Contractor's or its subcontractor's employees. Contractor shall maintain all portions of the Project site and Work in a neat, clean and sanitary condition at all times. Contractor shall assure that subcontractors performing Work comply with the foregoing safety requirements. 9.11 Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a neat, clean and safe condition. Upon completion of any portion of the Work, Contractor shall promptly remove all of its equipment, construction materials, temporary structures and surplus materials not to be used at or near the same location during later stages of Work. Upon completion of the Work and before final payment is made, Contractor shall, at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment and materials belonging to it or used in the performance of the Work and Contractor shall leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to comply with the foregoing, the same may be accomplished by Village at Contractor's expense. 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. Page 14 of 27 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 sun -Contractors. Certification of Payment to Subcontractors: The term "subcontractor", as used herein, includes persons or firms furnishing labor, materials or equipment incorporated into or to be incorporated into the Work or Project. The Contractor is required to pay all subcontractors for satisfactory performance of their contracts upon payment to Contractor by the Village. The Contractor shall also return all retainage withheld to the subcontractors within the time provided for such payment under the Prompt Pay Act of the Florida Statutes 9.17 Liens. Contractor shall not permit any mechanic's, laborer's or materialmen's lien to be filed against the Project site or any part thereof by reason of any Work, labor, services or materials supplied or claimed to have been supplied to the Project. In the event such a lien is found or claimed against the Project, Contractor shall within ten (10) Business Days after notice of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded in the public records of Miami -Dade County, Florida, or cause such lien to be transferred to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami -Dade County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event Contractor fails to so discharge or bond the lien or liens within such period as required above, Village shall thereafter have the right, but not the obligation, to discharge or bond the lien or liens. Additionally, Village shall thereafter have the right, but not the obligation, to retain out of any payment then due or to become due Contractor, one hundred fifty percent (150%) of the amount of the lien and to pay Village's reasonable attorneys' fees and costs incurred in connection therewith. 9.18 Governing Law. This Contract shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation arising out of this Contract shall be proper exclusively in Miami -Dade County, Florida. 9.19 Waiver of Jury Trial. VILLAGE AND CONTRACTOR KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT EITHER MAY HAVE TO A TRIAL Page 15 of 27 BY JURY IN STATE AND OR FEDERAL COURT PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION, ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY 9.20 Notices/Authorized Representatives. Any notices required by this Contract shall be in writing and shall be deemed to have been properly given if transmitted by hand -delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the following addresses: For the Village: Steven C. Williamson Village Manager 88 West McIntyre Street Key Biscayne, Florida 33149 With a copy to: For The Contractor: Chad Friedman, Esq. Village Attorney Weiss Serota Helfman Cole & Bierman, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, Florida 33134 Critical Path Services, Inc. Attention: Craig I. Schaffer 3305 S.W. 37t Avenue Miami, Florida 33133 9.21 Prevailing Party; Attornevs' Fees. In the event of any controversy, claim, dispute or litigation between the parties arising from or relating to this Contract (including, but not limited to, the enforcement of any indemnity provisions), the prevailing party shall be entitled to recover reasonable costs, expenses and attorneys' fees including, but not limited to, court costs and other expenses through all appellate levels. 9.22 Ownership and Access to Records and Audits. Contractor 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 Work for the Village which are conceived, developed or made by Contractor during the term of this Contract ("Work Product") belong to the Village. Contractor shall promptly disclose such Work Product to the Village and perform all actions reasonably requested by the Village (whether during or after the term of this Contract) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). Page 16 of 27 9.23 Contractor agrees to keep and maintain public records in Contractor's possession or control in connection with Contractor's performance under this Contract. The Village Manager or her designee shall, during the term of this Contract and for a period of three (3) years from the date of termination of this Contract, have access to and the right to examine and audit any records of the Contractor involving transactions related to this Contract. Contractor additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Contract, and following completion of the Contract until the records are transferred to the Village. 9.24 Upon request from the Village's custodian of public records, Contractor shall provide the Village with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 9.25 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. 9.26 Upon completion of this Contract or in the event of termination by either party, any and all public records relating to the Contract in the possession of the Contractor shall be delivered by the Contractor to the Village Manager, at no cost to the Village, within ten (10) Business Days. All such records stored electronically by Contractor shall be delivered to the Village in a format that is compatible with the Village's information technology systems. Once the public records have been delivered upon completion or termination of this Contract, the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 9.27 Any compensation due to Contractor shall be withheld until all records are received as provided herein. 9.28 Contractor's failure or refusal to comply with the provisions of this section, after reasonable notice and opportunity to cure, shall result in the immediate termination of this Contract by the Village. 9.29 Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JOCELYN B. KOCH, VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FL 33149, 305-365-5506, JKOCH@KEYBISCAYNE.FL.GOV. Page 17 of 27 9.30 Conflicts; Order of Priority. This document without exhibits is referred to as the "Base Agreement." In the event of a conflict between the terms of this Base Agreement and any exhibits or attachments hereto, or any documents incorporated herein by reference, the conflict shall be resolved in the following order of priorities and the more stringent criteria for performance of the Work shall apply: First Priority: Change Orders with later date taking precedence; Second Priority: This Base Agreement, With Only Those Contractor's Qualifications To It That Were Listed On Exhibit A And That Have Been Reviewed And Approved By The Village; Third Priority: Exhibit B — Plans, including Specifications; and Fourth Priority: All other information included on Exhibit A, other than Approved Contractor Qualifications. 9.31 A "Business Day" as referenced in this Agreement shall mean a day of the week that is not a weekend day or a Federal, State, County or Village holiday; otherwise, the term day or days, when referenced in this Agreement shall be counted as consecutive, calendar days. ARTICLE 10 SPECIAL CONDITIONS, The following provisions in this Section 10 supersede any other provisions contained in this Contract only to the extent of any conflict with same. These provisions are particular to a given transaction and are transaction specific: Preliminary Steps. 10.1 Pre -Construction Conference. Within fourteen (14) calendar days after this Contract is executed by both parties, and before any Work has commenced, a pre -construction conference will be held between the Village, the Contractor, and the Project Consultant. The Contractor must submit its project schedule prior to this conference. 10.2 Project Schedule. Contractor must submit a proposed Project Schedule as follows: 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. 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. Page 18 of 27 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. In addition to the Project Schedule the Contractor must provide a two (2) week look -ahead schedule that reflects the Work to be performed during the following two (2) week period. The look -ahead schedule must be provided to the Project Consultant and Village at a regular frequency prior to the start of the two-week period. This schedule will, at a minimum, include the area(s) where Work is to be performed and the Work to be performed in the area(s). 10.3 Staging Site. 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. The Village at its sole discretion may make a staging site available for use by the Contractor. If such site is marie 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. 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. Parking. No parking is permitted at a Village provided staging site without the prior written approval of the Village. Contractor's personnel may utilize public parking in the Village with the exception of the Village's Community Center garage. 10.4 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. 10.5 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. 10.6 Purchase and Delivery, Storage and Installation. All materials must be F.O.B. JOBSITE delivered and included in the cost of the Work. The Contractor is solely responsible for the Page 19 of 27 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 local laws, rules and regulations. No materials will be stored on -site without the prior written approval of the Village, which approval shall not be unreasonably withheld by the Village. 10.7 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. 10.8 Unsatisfactory Personnel. 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. 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). 10.9 Contract Modification. Change Orders. Without invalidating the Contract Documents, and without notice to any Surety, the Village reserves the right to make increases, decreases or other changes in the character or quantity of the Work under the Contract Documents as may be considered necessary or desirable to complete the Work in a manner satisfactory to the Village. The Village reserves the right to order changes, which may result in additions to or reductions from the amount, type or value of the Work shown in the Contract, and which are within the general scope of the Contract Documents, and all such changes will be authorized only by a change order ("CO") approved in advance, and issued in accordance with provisions of the Contract Documents. For Contractor initiated change orders, the Contractor is required to provide the Project Consultant with a detailed Request for Change Order ("RCO") in a form approved by the Village, which must include the requested revisions to the Contract, including, but not Page 20 of 27 limited to, adjustments in the Contract Price and/or Contract Time. The Contractor must provide sufficient supporting documentation to demonstrate the reasonableness of the RCO. The Village may require Contractor to provide additional data including, but not limited to, a cost breakdown of material costs, labor costs, labor rates by trade, work classifications, and overhead rates to support the RCO. If applicable, the RCO must include any schedule revisions accompanied by an explanation of the cost impact of the proposed change. Failure to include schedule revisions in an RCO will be deemed as the Contractor's acknowledgement that the changes included in an RCO will not affect the project schedule. Any modifications to the Contract Work, Contract Time, or Contract Price, must be effectuated through a written CO executed by both parties. In the event a satisfactory adjustment cannot be reached, and a CO has not been issued, given that time is of the essence, the Village reserves the right, at its sole option, to direct the Contractor to proceed on a time and materials basis or make such arrangements as may be deemed necessary to complete the proposed additional Work at the unit prices provided in the Contract Documents. Where the Village directs the Contractor to proceed on a time and materials basis, the Contractor must maintain detailed records of all labor and material costs including but not limited to payroll records and material receipts. Contractor must demonstrate its costs with sufficient evidence to be entitled to compensation from the Village Unless a more equitable adjustment is called for by the circumstances of the changed condition on the Project, whether such change has been agreed to in a CO or is being effectuated by the Village's time and materials directive, Contractor's mark up shall in no event exceed a total of 10% for overhead and 5% for profit. Extension of Contract Time. If the Contractor is delayed at any time during the progress of the Work beyond the time frame provided for Final Completion by a delay beyond the reasonable control of the Contractor, then the Contract Time shall be extended subject to the following conditions: The Contractor submits an RCO requesting the additional Contract Time within ten (10) Business Days after the Contractor knew or should have known about the delay; The cause of the delay arose after the issuance of the NTP and could not have been anticipated by the Contractor through reasonable investigation before proceeding with the Work; The Contractor demonstrates that the completion of the Work will actually be affected by the cause of the delay; The delay cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts, and measures of the Contractor. Page 21 of 27 10.10 Continuing the Work. Contractor must continue to perform all Work under the Contract Documents during all disputes or disagreements with Village, including disputes or disagreements concerning an RCO. Contractor shall not delay any Work pending resolution of any disputes or disagreements. To the extent the Contractor has submitted or submits payment application(s) to the Village for Work performed prior or during the pendency of such disputes, the Village shall pay the approved, undisputed amounts of such payment applications in accordance with the terms of this Agreement. 10.11 As -built documents must be updated monthly as a condition precedent to payment. A final survey signed and sealed by a surveyor must be provided to the Village at no additional cost, including digital 1 (CAD and PDF) versions. 10.12 For construction of new building, or building additions, field improvements, and or roadway improvements, as -built drawings must be signed and sealed by a Florida Licensed Registered Land Surveyor. 10.13 Record Set. Contractor must maintain in a safe place one record copy and one permit set of the Contract Documents, including, but not limited to, all Drawings, Specifications, amendments, COs, RFIs, and field directives, as well as all written interpretations and clarifications issued by the Project Consultant, in good order and annotated to show all changes made during construction. The record documents must be continuously updated by Contractor throughout the prosecution of the Work to accurately reflect all field changes that are made to adapt the Work to field conditions, changes resulting from COs and/or field directives as well as all written interpretations and clarifications, and all concealed and buried installations of piping, conduit and utility services. Contractor must certify the accuracy of the updated record documents. The record documents must be clean, and all changes, corrections and dimensions must be given in a neat and legible manner in red. Upon Final Completion and as a condition precedent to Contractor's entitlement to final payment, the Record Set must be delivered to the Project Consultant by the Contractor. The Record Set of Drawing must be submitted in both hard copy and as electronic plot files. 10.14 Maintenance of Traffic. Maintenance of Traffic ("MOT") must be performed in accordance with the applicable FDOT Index Numbers (600 Series) and as further stated herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S. Department of Transportation, FHWA), must be followed in the design, application, installation, maintenance and removal of all traffic control devices, warning devices and barriers necessary to protect the public and workmen from hazards with the Project limits. Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to commencement of the Work, Contractor must provide the Village with a proposed MOT plan for review. The Village may require revisions to the proposed MOT plan. The MOT plan must be updated by the Contractor periodically, two weeks prior to any meaningful alterations of the MOT. Failure to provide an MOT plan may result in the issuance of a stop work order. The Contractor will not be entitled to additional Contract Time for delays resulting from its failure to provide the required MOT plan. Page 22 of 27 10.15 Hurricane Preparedness. During such periods of time as are designated by the United States Weather Bureau or Miami -Dade County as being a severe weather event, including a hurricane watch or warning, the Contractor, at no cost to the Village, must take all precautions necessary to secure any Work in response to all threatened storm events, regardless of whether the Contractor has been given notice of same, in accordance with the Miami -Dade County Code. Compliance with any specific severe weather event or alert precautions will not constitute additional Work. Suspension of the Work caused by a threatened or actual storm event, regardless of whether the Village has directed such suspension, will entitle the Contractor to additional Contract Time as non-compensable, excusable delay. Upon direction of the Village for the Contractor to remove significant equipment currently in use on the Project, not including dumpsters, port -o -lets, or other suitably stored and secured materials and equipment, then the Village shall provide an equitable adjustment, based on substantiated costs for the actual, reasonable de -mobilization and re -mobilization costs for such significant equipment. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] [SIGNATURE PAGES FOLLOW ON NEXT PAGES] Page 23 of 27 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract on the respective dates under each signature: VILLAGE OF KEY BISCAYNE, FLORIDA, signing by and through its Village Manager authorized to execute same, and Cr:.-,ell \Z,.x , a Florida corporation, signing by and through C .q S�l„c_f ¢ , its , , i� , duly authorized to execute same. V ATTEST: J APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE: VILLAGE Florida mun WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY ISCAYNE, FLORIDA, a tion ~�,;STEVEN C. WILLIAMSON ,,LAGE MANAGER ateE utyd: 5,An Page 24 of 27 CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE CORPORATION FORMAT, AS APPLICABLE. CONTRACTOR: ATTEST: CRITICAL PATH SERVI By: Name: Craig I Title: President Date Executed: Page 25 of 27 haffi 7//C/ , 2021 EXHIBIT "A" (Attach Contractor's Proposal Including Schedule of Values) Document Enumeration Contractor's Proposal Project Schedule Schedule of Values Qualifications Page 26 of 27 PROJECT DOCUMENT ENUMERATION PAGE 7/15/2021 17,41 CIVIC CENTER PARK 530 CRANDON BLVD., VILLAGE OF KEY BISCAYNE, FLORIDA Drawing Number G-000 G-002 G-003 G-004 G-005 V - D-001 D-101 D-200 0-201 SP -001 SP -101 SP -201 SP -301 SP -302 SP -303 SP -304 SP -305 _ SP -306 SP -401 5D-301 5D-302 SD -303 30-304 SD -305 5D-306 3D-401 50-402 50-403 SD -404 50-405 SD -501 C-001 C-201 C-202 C-301 C-302 0-303 C-304 E-101 E-102 E-103 L-200 L-201 L-202 L-203 L-900 IR-101 IR-501 IR-502 Drawing Title As prepared by Calvin, Giordano & Associates, Inc COVER SHEET SHEET INDEX STANDARD AVREVATIONS GENERAL NOTES REVISIONS LOG SURVEY PLAN BY OTHERS (LONGITUDE SURVEYORS -JOB No.15111) DEMOLITION AND SITE CLEARING NOTES SITE CLEARING AND DEMOLITION PLAN TREE PRESERVATION NOTES AND DISPOSITION TREE AND PALM DISPOSITION PLAN SITE LAYOUT NOTES SITE PLAN MATERIALS, FINISHES & FURNISHINGS PLAN OVERALL GEOMETARY LAYOUT PLAN & PAVER MODULE KEY PLAN PAVING MODULES GEOMETARY DETAIL PLAN PAVING MODULES GEOMETARY DETAIL PLAN PAVING MODULES GEOMETARY DETAIL PLAN PAVING MODULES GEOMETARY DETAIL PLAN ENLARGEMENT DIMENSIONS PLAN SOILS SUSPENSION PLAN SITE DETAILS SITE DETAILS SITE DETAILS SITE DETAILS SITE DETAILS PLACQUE DETAILS BOULDER SCULPTURE DESIGN INTENT DRAWING FABRICATION NOTES CUSTOM PERGOLA PLAN AND ELEVATIONS CUSTOM PERGOLA SECTIONS CUSTOM PERGOLA SECTIONS COLOR PANEL INSERTS KEY SUSPENDED SOILS CELL SECTIONS & DETAILS GENERAL NOTES AND SPECIFICATIONS GRADING PLAN GRADING DETAILS WATER PLAN WATER PLAN DETAILS WATER PLAN DETAILS WATER PLAN DETAILS ELECTRICAL NOTES ELECTRICAL PLAN ELECTRICAL DETAILS GENERAL PLANTING NOTES & SCHEDULES TREE RECEPTOR SITE LOCATION PLAN TREE & PLAM PLANTING PLAN SHRUB AND GROUND COVER PLANTING PLAN TYPICAL PLANTING DETAILS IRRIGATION PLAN & SCHEDULE IRRIGATION DETAILS IRRIGATION DETAILS ADDENDUM NUMBER 1 (BID DATE EXTENSION ONLY) ADDENDUM NUMBER 2 (REVISED 81D SUBMITTAL FORM ONLY) Original Bid Set 3/22/2018 3/22/2018 3/22/2018 3/22/2018 NOT ISSUED NOT DATED 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/77/2018 3/27/2018 3/22/2018 3/27/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 3/22/2018 Addendum Number 1 No Change No Change No Change No Change NOT ISSUED No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change 5/17/2019 Addendum Number 2 No Change No Change No Change No Change NOT ISSUED No Change ' No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change No Change 5/17/2019 Revision 81 Set Permit Set No Change 7/1/2021 6/11/2021 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 NOT ISSUED 1 1 NOT ISSUED No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 No Change 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 6/11/2021 7/1/2021 Village of Key Biscayne 2019-04 Civic Center Park - 530 Crandon Blvd. Project Attachment PS Note: Proposer's pricing as submitted will determine the ("Total Price Amount") for the purpose of evaluating the Proposals. However, unless otherwise stated In the Price Sheet Notes the Contractor will be paid based on actual work performed. This form reflects estimated quantities for theproject es described in the RFP. After award, the Village reserves the right to modify estimated quantities subject to the unit price, and/or to eliminate line items if the Village deems it necessary. In the event of a discrepancy, or an approved quantity change, the Unit Price for each line item shall govern, Item No Description U/M Unit Price Quantity Extended Price 1 Project Supervision I S 5 90,716.00 1 $ 90,716.00 2 Permit, Inspection, and Other Fees (Plug) IS $ 48,140.00 1 $ 48,140.00 3 Temporary Utilities 15 $ 24,360.00 1 $ 24,360.00 4 Sanitary Facilities LS $ 816.00 1 $ 816.00 5 Equipment Rentals LS $ 22,545.00 1 $ 22,545.00 6 Temporary Fencing and Project Signage LS $ 10,305.00 1 $ 10,305.00 7 Overhead & profit LS $ 108,111.00 1 $ 108,111.00 8 Performance & Payment Bonds LS $ 20,100.00 1 $ 20,100.00 g Insurance Recapture LS $ 32,421.00 1 $ 32,421.00 10 Trench Safety Act LS $ 2,000.00 1 $ 2,000.00 11 Contingency LS $ 50,000.00 1 5 50,000.00 12 Allowance (Art In Public Places) LS $ 45,000.00 1 $ 45,000.00 13 Site Demolition, Concrete Asphalt, Accessories L5 $ 27,995.00 1 $ 27,995.00 14 Remove Chain Link Fence LF $ 8.00 620 $ 4,960.00 15 Remove Existing Water Meeter EA $ 500.00 1 $ 500.00 16 Demolition - Trees and Palms EA $ 375.00 12 $ 4,500.00 17 Existing Tree Pruning / Relocation at sidewalk EA $ 3,612.50 6 $ 21,675.00 18 Tree Protection EA $ 1,400.00 6 $ 8,400.00 19 18"Root Barrier LF $ 22.00 198 $ 4,356.00 20 36"Root Barrier LF $ 30.00 300 $ 9,000.00 21 LetPreperation / Grading SF $ 0.66 16000 $ 10,560.00 22 Grading at Sod Area SF $ 0.25 16000 $ 4,000.00 23 Excavation and Installation of 6",8",9" sub grade materials CY $ 152,0U 35 $ 5,320.00 24 Excavation and installation of "4.5",and 9" Limerock materials CY $ 40.00 25 $ 1,000.00 25 Erosion Control (Silt Fence) LF $ 10.25 710 $ 7,277.50 26 Erosion Control (Drainage Protection) EA $ 350.00 2 6 700.00 27 Drainage System LS $ 53,763.00 1 $ 53,763.00 28 Water Utilities LS $ 10,150.00 1 $ 10,150.00 29 Unit Paving (New Paver System) SF $ 8.46 3510 $ 30,371.40 30 Unit Paving (Install Existing Pavers) SF $ 1.80 940 $ 1,692.00 31 8" Wide Concrete Header Curb LF $ 23.51 472 $ 11,096.72 32 1`X1- Corten Planter Foubdadion EA $ 518.94 6 $ 3,113.64 33 Stone Sculpture Foundation EA $ 7,199.81 5 $ 35,999.05 34 4" x 12" Paver edge EA $ 11.04 282 $ 3,113.28 35 Metalco Bench Foundadion EA 5 518.94 3 $ 1,556.82 36 0lite Boulder Foundation EA $ 369.23 19 $ 7,015.37 37 Custim Bench / Planter Foundadion EA $ 778.41 7 $ 5,448.87 38 4.5" Concrete / Stained Concrete SF $ 43.94 605 $ 26,583.70 39 Misc Concrete and Pads CY 5 593.41. 4 $ 2,373.64 40 Irrigation LS $ 31,496.00 1 $ 31,495.00 $ 800.00 3 $ 2,400.00 41 Gumbo Limbo EA 42 Japanese Privet EA $ 1,500.00 3 $ 4,500.00 43 Mast tree EA $ 650.00 7 $ 4,550.00 44 Green Malayan Coconut Paris EA $ 1,560.00 9 $ 14,040.00 45 Florida Thatch Palm EA $ 850.00 14 $ 11,900.00 46 Medjool Date Palm EA $ 7,500.00 4 $ 30,000.00 47 Sylvestris Date Paltn EA $ 2,400.00 2 $ 4,800.00 48 Triple Alexander Palm EA $ 500.00 12 $ 6,000.00 49 Cabbage Palm EA $ 225.00 23 $ 5,175.00 50 Dwarf Chenile Plant EA $ 6.00 169 $ 1,014.00 51 Java White Copperleaf FA $ 6.00 27 $ 162,00 52 Orange Bromeliad FA $ 60.00 14 $ 840.00 53 Red Ginger EA $ 12.00 63 $ 756.00 54 Foxtall Fern EA $ 6.50 73 5 474.50 55 Red Tip Cocoplum EA $ 6.50 96 $ 624.00 56 Hedge Pitch Apple EA $ 320.00 17 $ 5,440.00 57 Shoestring Croton EA $ 6.50 26 5 169.00 58 Kiwi Ti Plant EA $ 6.50 24 $ 156.00 59 King Alfred Flax Lily EA $ 11.00 18 $ 198.00 60 Goldmound Duranta EA $ 6.50 85 $ 552.50 61 Green Island Ficus EA $ 6.00 476 $ 2,856.00 62 _ Wart Fern EA $ 6.50 419 $ 2,723.50 63 Swiss Cheese Philodendron EA $ 65.00 15 $ 975.00 G4 Pink Muhly Grass EA $ 6.50 135 $ 877.50 65 Walking Iris EA $ 8.00 47 $ 376.00 66 Fireball Bromeliad EA $ 14.00 34 $ 476.00 67 Hanibal Lector Bromeliad EA $ 14.50 6 $ 87.00 68 Variegated Baby Rubber Plant EA $ 7.50 54 $ 405.00 69 Wild Coffee EA $ 12.00 132 5 1,584.00 70 Dwarf Wild Coffee EA $ 8.00 222 $ 1,776.00 71 Havana Skullcap EA $ 10.00 80 5 800.00 72 Philippine Ground Orchid EA $ 12.00 72 5 864.00 73 Planting Sod CY $ 40.00 235 $ 9,400.00 74 _ Mulch EA $ 4.50 700 5 3,150.00 75 Top Soil and St Augustine "Fioratam" L5 $ 31,025.00 1 $ 31,025.00 76 Wundercover Boxes EA 5 2,182.80 8 $ 17,462.40 77 Wundercover Boxes EA $ 1,669.20 6 $ 10,015.20 /8 Wundercover Boxes / I ift Kit EA $ 85.00 1 $ 85.00 79 Wundercover Boxes / Shipping EA $ 314.51 1 $ 314.51 80 Wundercover Box Installation IS $ 3,600.00 1 $ 3,600.00 81 Metalco Round Litter Bln EA $ 1,187.70 6 $ 7,126.20 82 Metalco Round Litter Bin / Adheasive Stickers EA $ 50.29 6 $ 301.74 83 Metalco 4V Benches EA $ 2,382.89 3 $ 7,148.67 84 Metalco Shipping EA $ 2,530.00 1 $ 2,530.00 85 24"x8'' Bronze Plaques EA $ 465.42 12 $ 5,585.04 86 Planterworx Light House Boulder EA $ 6,922.90 3 $ 20,768.70 87 PlanterworxTribecdBench EA $ 4,328.15 7 $ 30,297.05 8g Planterworx Edging System EA $ 989.75 6 $ 5,938.50 89 Planterworx Delivery Setup and Prep EA $ 1,926.00 1 $ 1,926.00 90 Planterworx Shipping EA $ 6,059.00 1 $ 6,059.00 91 Street Life Bike Rack FA $ 395.90 3 $ 1,181./0 92 Street Life Bike Rack Small Order Charge EA 5 647.35 1 $ 647.35 93 Street Life Bike Rack Shipping EA $ 1,020.00 1 $ 1,020.00 94 Olite Boulders 60x24x18 EA $ 481.50 19 $ 9,148.50 95 011ie Boulders 24x20x4 EA $ 32.10 9 $ 288.90 96 Olite Boulder Shipping EA $ 617.40 1 $ 617.40 97 Installation of Site furnishings LS $ 13,450.00 1 $ 13,450.00 98 General Plumbing LS $ 15,300.00 1 $ 15,300.00 99 General Electric LS $ 211,900.00 1 $ 211,900.00 100 Fixrure Type L-1 EA Included 3 Included 101 Fixrure Type L-2 EA Included 3 Included 102 Fixrure Type L-3 FA Included 12 Included 103 Fixrure Type L-4 EA Included 8 Included 104 Fixrure Type L-6 _ LA Included 4 Included 105 Fixrure Type L-7 EA Included 19 Included TOTAL PRICE AMOUNT $ 1,312,374.85 Rev # 4 Cost Note: Critical Path Services, Inc. pricing as submitted ('Total Price Amount") is Inclusive of and limited to the above noted Scope of Work and Quantities as Indicated. Firm's Name' Signature: Print Name/Title: Craig Schaffer / 1:/ / Email Address: cschaffeLcottcAlpathac_ro " Critical Path Services, Inc. ID Task Task Name Duration • Mode 0 .1 Civic Center Park Schedule 07-07-2021-180 days 1 on GENERAL CONDITIONS 14 days 2 st Sign Contract 3 days 3 mt Submit bond and insurance docs 2 days 4 1..4 Review and submit base line schedule 3 days 5 1 Prepare and submit Schedule of value 3 days 6 w., Obtain Building Permit 10 days 7 Receive NTP 1 day 6 En SITE MOBILIZATION 9 days 9 .1 Request office trailer Permit 5 days 10 W. Install Temporary power 3 days 11 11E Install temporary water supply 3 days 12 me. Set up office trailer 3 days 13 to Install temporary fence. 1 day 14 mn DEMOLITION 22 days 15 min Remove and storage exiting paving 10 days 16 Nil Demolish concrete bases, concrete pai5 days 17 En Sidewalk demolition 5 days 18 Mt chain link removal 2 days 19 ot EARTHWORK 47 days 20 mt Survey, benchmarks 3 days 21 Site Cleaning and Grubbing 10 days 22 0'S Protect existing trees 2 days 23 Remove marked trees by drawings 8 days 24 lin Relocate proposed trees by drawings 8 days 25 En CONCRETE 30 days 26 E» Layout and formwork for sidewalk, 10 days header curb and concrete pad. 27 mrt Concrete reinforcement for sidewalk, 10 days header curb, boulders and concrete 28 NE Pour Concrete for sidewalk, header 10 days curb, boulders and concrete pads 29 WI ELECTRICAL CONNECTION 80 days 30 •8 Contact FPL/ Underground Electrical 75 days raceway installation 31 111 Underground electrical raceway 13 days installation for lighting 32 or. install waterproofing outlets, new 15 days audio/video handholes and new Project: Civic Center Park Sched Date: Tue 7/13/21 Start Finish Thu 7/8/21 Thu 7/8/21 Thu 7/8/21 Thu 7/8/21 Thu 7/8/21 Thu 7/8/21 Tue 7/13/21 Tue 7/27/21 Tue 7/27/21 Tue 7/27/21 Tue 8/3/21 Tue 8/3/21 Tue 8/3/21 Fri 8/6/21 Mon 8/9/21 Mon 8/9/21 Mon 8/23/21 Mon 8/30/21 Mon 9/6/21 Fri 8/6/21 Fri 8/6/21 Mon 9/6/21 Mon 9/20/21 Mon 9/20/21 Thu 9/30/21 Mon 9/20/21 Mon 9/20/21 Wed 3/16/22 Tue 7/27/21 Mon 7/12/21 Fri 7/9/21 Mon 7/12/21 Mon 7/12/21 Mon 7/26/21 Tue 7/27/21 Fri 8/6/21 Mon 8/2/21 Thu 8/5/21 Thu 8/5/21 Thu 8/5/21 Fri 8/6/21 Tue 9/7/21 Fri 8/20/21 Fri 8/27/21 Fri 9/3/21 Tue 9/7/21 Mon 10/11/21 Tue 8/10/21 Fri 9/17/21 Tue 9/21/21 Wed 9/29/21 Mon 10/11/21 Fri 10/29/21 Fri 10/1/21 Mon 10/4/21 Fri 10/15/21 Mon 10/18/21 Fri 10/29/21 Tue 7/27/21 Tue 7/27/21 Mon 11/15/21 Mon 11/8/21 Mon 10/4/21 Wed 10/20/21 Thu 10/21/21 Wed 11/10/21 Qtr 3, 2021 Qtr 4, 2021 Qtr 1, 2022 Jun Jul 1 Auo 1 Sea I Oct 1 Nov 1 Dec I Jan Feb 1 M_ar 1 Qtr 2, 2022 Apr 1 Task Split Milestone Summary • Project Summary -- 1 Manual Task Start -only Inactive Task Duration only Finishonly Inactive Milestone Manual Summary Rollup External Tasks Inactive Summary I 1 Manual Summary i External Milestone c Deadline Progress Manual Progress 4 Page 1 ID Task Task Name 0 Mode Jun Duration Start Finish Qtr 3, 2021 JuI 1 I Qtr 4, 2021 Qtr i, 2022 Qtr 2, 2022 Aug 1 Sep _ Oct Ypv 1 pet I Jan 1 Feb 1 Mar Apr 33 mR Final m@ PLUMBING t Trench connection/ Install Install Plumbing et PAVING iiie Layout an Prepare paving me Excavate Backflll ar. Compact Test at Pour si-1 Paver a3 SITE FURNITURE r: Install at Install mt Install Install z Install Install mr. Install E LANDSCAPING/NEW SYSTEM mr. Plant Wo Plant Rough It Install on Final o' FINAL PUNCH .% Fix En CLOSURE lin DEMOBILIZATION inspection. excavation and water pipe water fountain drinking fountain utility covers Final inspection 3 days Thu 11/11/21 18 days Mon 10/4/21 7 days Mon 10/4/21 1 Mon 11/15/21 Wed 10/27/21 Tue 10/12/21 Fri 10/15/21 Fri 10/22/21 Wed 10/27/21 Wed 12/29/21 Fri 11/5/21 Fri 11/12/21 Tue 11/16/21 Tue 11/23/21 Fri 11/26/21 34 I�-1 7.,-- - 1 es.. 35 36 mat 3 days Wed 10/13/21 5 days Mon 10/18/21 3 days Mon 10/25/21 43 days Mon 11/1/21 5 days Mon 11/1/21 5 days Mon 11/8/21 2 days Mon 11/15/21 5 days Wed 11/17/21 3 days Wed 11/24/21 3 days Mon 11/29/21 7 days Thu 12/2/21 20 days Thu 12/2/21 128 days Mon 9/20/21 5 days Thu 12/30/21 5 days Thu 1/6/22 5 days Thu 1/13/22 5 days Thu 1/20/22 5 days Thu 1/27/22 5 days Thu 2/3/22 37 38 39 paving areas the area for new concrete 2" 6"base concrete Installation INSTALLATION planters and planter benches benches and boulders oolite boulders and slabs planter corten edge system corten bike seel bike new bronze plaques lighthouses IRRIGATION trees and Plants plants and shrubs into planter. irrigation layout Including tre5 new irrigation system Landscaping Inspection INSPECTION OUT any item listed in the punch list MEETING 40 41 42 43 44 45 Wed 12/1/21 Fri 12/10/21 Wed 12/29/21 Wed 3/16/22 46 47 48 eillia 49 50 Wed 1/5/22 Wed 1/12/22 Wed 1/19/22 Wed 1/26/22 Wed 2/2/22 Wed 2/9/22 Wed 2/16/22 Tue2/15/22 Fri 10/1/21 Thu 1/27/22 Thu 2/3/22 Thu 2/10/22 Tue 2/15/22 Fri 2/18/22 Fri 3/4/22 Fri 3/4/22 Wed 3/9/22 Wed 3/16/22 51 52 53 54 55 56 57 58 59 60 5 days Thu 2/10/22 107 days Mon9/20/21 1 10 days Mon 9/20/21 11 days Thu 1/13/22 days Fri 1/28/22 5 days Fri 2/4/22 3 days Fri 2/11/22 3 days Wed 2/16/22 10 days Mon 2/21/22 10 days Mon 2/21/22 3 days Mon 3/7/22 5 days Thu 3/10/22 61 62 63 64 65 66 Project: Civic Center Park Schad Date: Tue 7/13/21 Task Split Milestone Summary —1 Task only Finish-only Summary Rollup Summary C Deadline 1 Progress Manual Progress @ 4 ♦ Project Summary Inactive Task Inactive Milestone f Manual Duration Manual Manual Start only External Tasks i u Inactive Summary 1 External Milestone Page 2 TO: Village of Key Biscayne 88 West McIntyre Street Key Biscayne, FL 33149 thofferberth (cf7 kevbiscavn e.fl. aov FROM: Critical Path Services, Inc. 3305 SW 37th Ave. Miami, FL 33133 cschafferarcriticaloathgc.com (305) 856-3919 Civic Center Park RFP No. CONTRACT 2019-04 PROJECT: Civic Center Park 530 Crandon Boulevard Key Biscayne, FL 33149 Architect: Calvin, Giordano & Associates, Inc. 1800 Eller Drive, Suite 600 Fort Lauderdale, FL 33316 www.cgasolutions.com 954.921.7781 APPLICATION: S.O.V. PERIOD TO: 7/15121 General Contractor Project No: 2021-03 CONTRACT DATE: Distribution to: OWNER ARCHITECT CONTRACTOR CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change orders approved in previous months by Owner NUMBER DATE APPROVED ADDITIONS DEDUCTIONS - Previous months This month $ - $ - $ - $ - $ - $ - $ - $ - $ - TOTALS $ - $ - Net change by Change Orders The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Conracotr for Work for which previous Certificated for Payment were issued and payments received ffrom the Owner, and that current Payment shown herein is now due. CONTRACTOR: By: Date: ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on -site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as Indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to Payment of the AMOUNT CERTIFIED. 1. Original Contract Sum 2. Net change by Change Orders 3. Contract Sum to Date 4. Total Completed & Stored to Date 5. Retainage: a.Contract Retention to date b. 10% of Stored Material Total Retainage 6. Total Earned Tess Retainage 7. Less Previous Certificates for Payment .. 8. Current Payment Due 9. Balance to Finish, plus Retainage State of Florida, County of Miami -Dade Subscribed and sworn to before me this of , 2018 Notary Public: My Commission expires: $ day 1,387,374 1,387,374 1,387,374 AMOUNT CERTIFIED $ ARCHITECT: By: Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment and without prejudice to any rights of the Owner or Contractor under this contract CONTINUATION SHEET G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certificate is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column 1 on Contracts where variable retalnage for line Items may apply. EXHIBIT "703 Schedule of Values PAGE 2 OF Page ?AXgB5 APPLICATION NUMBER: S.O.V. APPLICATION DATE: 7/15/21 PERIOD TO: ARCHITECT'S PROJECT NO: RFP NO. 2019-04 A B C D E F G H 1 Division* NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN TOTAL COMPLETED AND STORED TO DATE % (G . C) BALANCE TO FINISH (C -G) RETAINAGE @ 10% FROM PREVIOUS APPLICATION (D+E) OUANT UNITS THIS PERIOD TOTAL 0 TO DATE D or E) (D+E+F) 1 General Conditions $ 192,881 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 192,881 $ - 2 Site Demolition, Earthwork, Grading, Drainage, Erosion Control, Silt Fence, Water Utilities $ 126,165 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 126,165 $ - 2 Tree Disposition, Relocation, Tree Protection & Root Pruning $ 34,575 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 34,575 $ - 2 Brick Paving $ 32,063 $ - 0.00 S - $ - 0.00 $ - $ - 0% $ 32,063 $ - 2 Landscaping, Irrigation, Landscaping Boulders, Root Barriers $ 206,328 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 206,328 $ - 3 Concrete Paving, Miscellaneous Concrete footings, Concrete Staining $ 96,301 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 96,301 $ - 12 Specilties: Site furnishings. Bronze Plaques, Sculptures, Bike Racks, Planters & Installation $ 135,229 $ - 0.00 S - $ - 0.00 $ - $ - 0% $ 135,229 $ - 15 Plumbing $ 15,300 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 15,300 $ - 16 Electrical $ 211,900 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 211,900 $ - 16 FPL Undergrounding $ 75.000 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 75,000 $ - 1 Payment & Performance Bond $ 20,100 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 20,100 $ - 1 WC,GL, & Builders Risk Insurance Recapture $ 38,421 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 38,421 $ - 1 Project Contingency $ 50,000 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 50,000 $ - 1 Art in Public (Allowance) $ 45,000 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 45,000 $ - 1 Overhead & Profit $ 108,111 $ - 0.00 $ - $ - 0.00 $ - $ - 0% $ 108,111 $ - TOTALS Original Contract $ 1,387,374 $ - $ - $ - $ - 0% $ 1,387,374 $ - Changg,Orders 1 $ - $ - 0.00 S - $ - #DIV/O! $ - $ - $ - $ - 2 $ - $ - 0.00 S - $ - #DIV/0! $ - $ - $ - $ - TOTALS Change Orders $ - $ - 0.00 $ - #DIV/0! $ - $ - $ - $ - TOTALS Oriainal Contract & Chance Orders $ 1,387,374 $ - $ - $ - $ - 0% $ 1,387,374 $ - GC INITIALS SUBCONTRACTOR INITIALS 7/15/2021 --c CRITICAL PATH CONSTRUCTION CIVIC CENTER PARK, 530 CRANDON BLVD. VILLAGE OF KEY BISCAYNE / 2021-3 Qualifications Div.# Allowances Type Detail / Item / Issue Notes 1 Qualification Building Permit Fee's Village to absorb fee's for their building department, and County & other permit fees are included. 1 Exclusion Impact fees By owner 1 Exclusion Architectural fees By owner 1 $ 45,000.00 Allowance Art In Public Places By Owner / Owners Dedicated Allowance 1 Exclusion Materials testing By Owner 1 Exclusion Water/sewer connection fees By owner 1 Exclusion Permanent Electrical connection to FPL Power By owner 1 Included Utility easement/Upgrade fees By owner 1 Included Builder's Risk insurance By Critical Path Services, Inc. 1 Included General Liability and Workers Compensation Insurance included at $1M occ./ $2M agg. $10M umbrella included 1 Included Payment / Performance Bonding By Critical Path Services, Inc. 1 Exclusion Escalation of Labor and Material Costs No cost has been included for material and or labor escalation, price valid for 30 days from date of submission. 1 Qualification Water meter and Irrigation Meter Are assumed as existing and of adequate size 1 Qualification Sewer lateral Sewer lateral is assumed as 4' and inside the property lines. 1 Exclusion Hazardous Materials Removal, including brownfield mitigation of site By owner & Agua 1 Qualification Soil Report We are assuming that de -mucking is not necessary. 1 $ 75,000.00 Allowance Relocation of existing above ground electrical lines by FPL By Critical Path Services, Inc. 1 Exclusion Installation of owner supplied items not shown on contract documents By owner 2 Exclusion Soil Suspension Systems and all related work Omitted Through Value Engineering 2 Qualification Reduced Paving Scope of work due to Custom Pergola, Boulder Sculpture removal Please refer to the attached Estimate and breakdown of quantities and costs which indicates the revised quantities. 5 Exclusion Custom Pergola including all lighting, pavers / paving, landscaping, boulders. Omitted Through Value Engineering 10 Qualification Reduction in Site Furnishings Scope of work Please refer to the attached Estimate and breakdown of quantities and costs which indicates the revised quantities. 13 Exclusion Pump Track including all site work, drainage, landscaping Omitted Through Value Engineering 16 Qualification Reduction in Lighting Fixtures Please refer to the attached Estimate and breakdown of quantities and costs which indicates the revised quantities. EXHIBIT "B" Page 27 of 27