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