2009-08
RESOLUTION NO. 2009-08
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
DEVELOPMENT AGREEMENT TO DESIGN AND BUILD
TEN CLASSROOMS ADDITION TO A VENTURA
CHARTER SCHOOL BETWEEN THE CITY OF A VENTURA
AND KAUFMAN LYNN, INC., GENERAL CONTRACTORS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Development Agreement to design and build ten classrooms addition to the Aventura
Charter School between the City of Aventura and Kaufman Lynn, Inc., General
Contractors.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Joel, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
yes
yes
yes
absent from the room
yes
yes
yes
Resolution No. 2009-08
Page 2
PASSED AND ADOPTED this 13th day of January, 2009.
A TT/~ST:
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APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
EMS/tms
DEVELOPMENT AGREEMENT
between
KAUFMAN LYNN, INC., GENERAL CONTRACTORS
and
THE CITY OF AVENTURA
For
DESIGN AND BUILD ELEMENTARY AND MIDDLE SCHOOL
CLASSROOM ADDITIONS TO CHARTER SCHOOL
Table of Contents
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Articles Paae
ARTICLE 1- DEFINITIONS 2
ARTICLE 2 - CONTRACT DOCUMENTS 4
ARTICLE 3 -SCOPE OF WORK 6
ARTICLE 4 - CONTRACT TIME 7
ARTICLE 5 -CONTRACT SUM 7
ARTICLE 6 DESIGN BUILDER'S RESPONSIBILITIES
8
ARTICLE 7 -CITY'S RESPONSIBILITIES 15
ARTICLE 8 -CITY MANAGER'S RESPONSIBILITIES 15
ARTICLE 9 -BONDS AND INSURANCE 16
ARTICLE 10 - WARRANTIES; TESTS AND INSPECTIONS: -
CORRECTION OF DEFECTIVE WORK 21
ARTICLE 11- CHANGE OF CONTRACT TIME 24
ARTICLE 12 - COST OF WORK 25
ARTICLE 13 - PAYMENTS TO DESIGN BUILDER AND COMPLETION OF WORK
25
ARTICLE 14. TERMINATION OF THE AGREEMENT
28
ARTICLE 15 - NOTICE, COMPUTATION OF TIME
ARTICLE 16 - MISCELLANEOUS
30
31
ARTICLE 17 - ASSIGNMENT
32
ARTICLE 18- SPECIFIC PERFORMANCE
32
ARTICLE 19- HAZARDOUS SUBSTANCES
32
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DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE
AVENTURA ELEMENTARY AND MIDDLE SCHOOL ADDITION TO THE CHARTER
SCHOOL
THIS AGREEMENT, made and entered into this_ day of
and between:
, 2009 by
CITY OF A VENTURA,
a Florida municipal corporation
19200 West Country Club Drive
Aventura, Florida 33180
(hereinafter referred to as "CITY")
AND
KAUFMAN LYNN, INC., GENERAL CONTRACTORS, a
Florida corporation,
622 Banyan Trail, #300
Boca Raton, FL 33431
(hereinafter referred to as "DESIGN BUILDER")
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WHEREAS, the CITY issued RFO # 08-07-18-2 to design and build a six (6)
classroom addition to the Middle School and a four (4) classroom addition to the
Elementary School forthe City of Aventura at the site located at 3333 N. E. 188th Street,
Aventura, Florida hereinafter referred to as "Site"; and
WHEREAS, after extensive review of the submittal by City staff, staff
recommended that Kaufman Lynn, Inc., General Contractors be selected to design and
build Elementary and Middle school classroom additions to Charter School for the City
of Aventura; hereinafter referred to as "Facility"; and
WHEREAS, Design Builder, has developed a team which includes the firm of
PGAL Architects who have a unique level of expertise in the design and construction of
school projects; and
WHEREAS, at the September 9th, 2008, City Commission meeting, the
Commission approved a Resolution selecting the firm of Kaufman Lynn, Inc. General
Contractors to design and build Elementary and Middle school classroom additions to
Charter Schools for the City of Aventura and authorizing the City Manager to negotiate
the terms and fees and finalize agreements necessary to implement said Resolution.
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WHEREAS, it is in the best interests of the CITY to enter into a Design-Build
Agreement (hereinafter referred to as "Agreement") with Kaufman Lynn, Inc., General
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Contractors to design and construct the Facility; now, therefore,
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IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
ARTICLE 1- DEFINITIONS
Wherever used in this Agreement or in the other Contract Documents the
following terms have the meanings indicated which are applicable to both the singular
and plural thereof:
1.1 Aareement - The written agreement between CITY and DESIGN BUILDER
covering the Work to be performed including other Contract Documents that are
attached to the Agreement or made a part thereof.
1.2 CITY - The City of Aventura with whom DESIGN BUILDER has entered into the
Agreement and for whom the Work is to be provided.
1.3 City Manaaer - The City Manager or his designee (hereinafter referred to as
"Manager") of the City of Aventura, who has the authority on behalf of the CITY
to grant or deny approvals, conduct reviews and inspections, and perform the
CITY's responsibilities required by this Agreement. -.
1.4 Contract Documents - The Contract Documents consist of the Agreement and
the Exhibits attached thereto, the Schedule of Values, the Plans and
Specifications, Non-Collusive Affidavit, Public Entity Crimes Form, Notice to
Proceed, Certificate(s) of Insurance, Payment and Performance Bonds, all
applicable provisions of State, Federal or local law (incorporated herein by
reference), the Florida Building Code, the Florida Fire Prevention Code, including
reference documents, the response to RFP #08-07-18-2, design and build
classroom additions to Charter Schools for the City of Aventura as submitted by
DESIGN BUILDER dated July 18th, 2008 (the "RFQ Response"), and any
additional documents which are required to be submitted under the Agreement,
and all amendments, modifications and supplements issued on or after the
effective date of the Agreement.
1.5 Defective -An adjective which when modifying the Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference
standard, test or approval referred to in the Contract Documents, or has been
damaged prior to final payment.
1.6 DESIGN BUILDER - Kaufman Lynn, Inc., General Contractors having _
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responsibility for the design and construction of the facility.
1.7
Drawinas -The drawings which show the character and scope of the Work to be
performed and which are referred to in the Contract Documents.
1.8
Effective Date of the Aareement - The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the date on
which the Agreement is signed and delivered by the last of the two parties to sign
and deliver.
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Notice to Proceed -A written notice given by CITY to DESIGN BUILDER fixing
the date on which the DESIGN BUILDER shall have access to the Site for the
purpose of completing the construction in accordance with this Agreement.
1.10 Sub-contractor - An individual, firm or corporation having a direct Contract with
DESIGN BUILDER or with any other Sub-contractor for the performance of a part
of the Work at the site.
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1.11 Work - Work is the result of performing services, specifically, including but not
limited to, professional design services and construction, furnishing labor,
equipment and materials incorporated, used or incorporated in the design and
construction of the entire project as required by the Contract Documents.
1.12 Written Amendment - A written amendment of the Agreement and/or the
Contract Documents, signed by CITY and DESIGN BUILDER on or after the
Effective Date of the Agreement and normally dealing with the non-engineering,
non-architectural, or non-technical aspects, rather than strictly Work related
aspects... of the Contract Documents.
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ARTICLE 2 - CONTRACT DOCUMENTS
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2.1 Enumeration of Contract Documents:
2.1.1 The Contract Documents which comprise the entire agreement between
CITY and DESIGN BUILDER are attached or incorporated by reference and
made a part of this Agreement hereof and consist of the following:
(1) This Agreement (pages 1 to 35, inclusive) together with all Exhibits and
Attachments thereto.
(2) Schedule of Values, attached hereto and incorporated herein as Exhibit
"A" to this Agreement.
(3) Plans and Specifications , attached hereto and incorporated herein as
Exhibit "B" to this Agreement.
(4) Project schedule incorporated herein as Exhibit "C".
(5) Construction performance bond, consisting of _pages.
(6)
Construction payment bond, consisting of _pages.
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(7) Insurance certificate, consisting of _page.
(8) Notice to Proceed.
(9) All applicable provisions of State, Federal or local law (incorporated herein
by reference), the Florida Building Code, and the Florida Fire Prevention Code,
including reference documents.
(10) Plans and Specifications.
(11) Non-Collusive Affidavit
(12) Public Entity Crimes Form
(13) The RFQ Response
(14) Any modification duly delivered after execution of Agreement.
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(15) Clarification & Assumptions with Final Lump Sum, to be added by
addendum or change order as Exhibit "D".
(16) Current Labor Rate incorporated herein as Exhibit "E".
2.2 Entire Agreement:
The Contract Documents comprise the entire Agreement between CITY and
DESIGN BUILDER concerning the Work. The Contract Documents are complementary;
what is called for by one is as binding as if called for by all. The Contract Documents will
be construed in accordance with the laws of the State of Florida. In the case of conflicts
between the provisions of this Agreement, any ancillary documents executed
contemporaneously herewith or prior hereto, or any other design-build documents, the
hierarchy of the Contract Documents and Precedence contained in the Clarifications
and Assumptions outlined in Exhibit D shall govern.
2.3 Intent:
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2.3.1 It is the intent of this Agreement to provide for the requirements of the
DESIGN BUILDER to design and construct the Facility in accordance with the RFQ
Response and plans and specifications approved by CITY, hereby incorporated by
reference as one of the Contract Documents, and to meet the requirements of the
Second Amendment to the Charter School Contract (Second Amendment) to provide for
Elementary and Middle school classroom additions to existing charter schools to be
approved by the School Board of Miami-Dade County (School Board) and to complete
the Facility on or before the commencement of the 2009 School Year pursuant to the
requirements of Paragraph 4.3 of this Agreement.
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2.3.2 It is the intent of the Contract Documents to describe a functionally
complete Facility consisting of total design performed by design professional and
construction to be completed in accordance with the Contract Documents. Any Work,
materials or equipment that may reasonably be inferred from the Contract Documents
as being required to produce the intended result will be supplied whether or not
specifically called for. When words which have a well known technical or trade meaning
are used to describe Work, materials or equipment, such words shall be interpreted in
accordance with that meaning. Reference to standard specifications, manuals or codes
of any technical society, organization or association, or to the laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall
mean the latest standard specification, manual, code or laws or regulations in effect at
the time of contract award, except as may be otherwise specifically stated. However, no
provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to
change the duties and responsibilities of CITY, DESIGN BUILDER, or any of their
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consultants, agents or employees from those set forth in the Contract Documents.
2.3.3 It is the intent of this Agreement and the Contract Documents to provide for
the DESIGN BUILDER and the DESIGN BUILDER's architect to design and construct
the Facility in accordance with the requirements of the Florida Building Code, including
Chapter 423 (SREF), and the Florida Fire Prevention Code, including reference
documents, applicable state laws and rules, and federal law and rules, and all life/safety
mandates and mandates resulting from the specified educational program. Certification
of compliance with these requirements shall be demonstrated pursuant to School Board
requirements specified in the Charter School Contract and Second Amendment, by the
DESIGN BUILDER providing a signed and sealed statement from the architect of record
stating that "I have designed and inspected the subject facility, and to the best of my
knowledge and ability have determined that: the project is in compliance with applicable
federal laws and rules, applicable state statutes and rules, the Florida Building Code,
including Chapter 423 (SREF), and the Florida Fire Prevention Code, including
reference documents, and that no asbestos containing materials were specified for use
in this building, nor were asbestos containing materials used in the construction of this
project."
2.4 Representation of DESIGN BUILDER:
Execution of the Agreement by the DESIGN BUILDER is a representation that
DESIGN BUILDER has visited the Site and become familiar with the local conditions
under which the Work is to be performed. If conditions are encountered at the Site
which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract Documents or (2) unknown physical
conditions of an unusual nature, which differ materially from those ordinarily found to
exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then written notice by the DESIGN BUILDER
shall be given to the CITY promptly before such conditions are disturbed. If the
conditions differ materially from those indicated in the Contract Documents and were
not known to the DESIGN BUILDER at the time this Agreement was executed, and
cause a material increase or decrease in the DESIGN BUILDER's cost of, or time
required for, performance of any part of the Work, an equitable adjustment in the
Contract Sum (including extended general conditions at $1,646.00/calender day) or
Contract Time, or both, will be made.
2.5 Before Commencing Operations:
Before undertaking each part of the Work, DESIGN BUILDER shall carefully study
and compare the Contract Documents and check and verify pertinent figures shown
thereon. DESIGN BUILDER shall promptly report in writing to CITY any conflict, error or
discrepancy which DESIGN BUILDER may discover and shall obtain a written
interpretation or clarification from the MANAGER before proceeding with any Work
affected thereby. If the DESIGN BUILDER performs any construction activity knowing it
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involves a recognized conflict, error, or discrepancy without such notice, the DESIGN
BUILDER shall assume responsibility for such performance and shall bear the
attributable costs for correction.
ARTICLE 3 -SCOPE OF WORK
3.1 DESIGN BUILDER shall provide all labor, services and materials necessary to
design, permit, construct and complete the Facility pursuant to the requirements of this
Agreement, Contract Documents and as generally defined in the RFP Response and as
further defined by the approved site plan contained in Exhibit B and construction
documents. In the event of conflict between the RFP Response and this Agreement,
this Agreement shall prevail. All other conflicts shall be governed by the procedure
outlined in Section 2.2 of this Agreement.
ARTICLE 4 - CONTRACT TIME
4.1 TIME IS OF THE ESSENCE OF THIS AGREEMENT. DESIGN BUILDER
acknowledges that time is of the essence in the completion of this project. The
construction to be performed under this Agreement shall be commenced within seven
(7) calendar days after permits are issued to DESIGN BUILDER and/or CITY as
required and the Notice to Proceed is issued. In addition, DESIGN BUILDER
acknowledges and agrees that Facility must be substantially completed so that it is
available for operation for the commencement of the .2009 School Year pursuant to the
requirements of Paragraph 4.3 of this Agreement.
4.2 The DESIGN BUILDER further agrees that all Work under this Agreement shall be
prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure
full completion thereof within the time specified and any agreed upon time extensions.
Failure to achieve timely, substantial and/or final completion shall be regarded as a
material breach of this Agreement and subject to the appropriate remedies.
4.3 DESIGN BUILDER acknowledges and agrees that there must be at least a
temporary certificate of occupancy issued for the Facility, pursuant to the requirements
of the Florida Building Code, as further specified in Paragraph 6.2 of this Agreement, no
later than August 14th, 2009, to ensure that the Facility is ready for the commencement
of the 2009 School Year. Should CITY determine that the Facility will not be available
for occupancy on or before August 14th, 2009, DESIGN BUILDER agrees to comply
with the provisions of Section 11.1.2 of this Agreement. Upon the issuance of a
temporary certificate of occupancy for the Facility, DESIGN BUILDER agrees to
proceed diligently and with all deliberate speed, to complete any Work remaining under
this Agreement, such that a permanent certificate of occupancy is issued within the
timeframes prescribed by law.
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ARTICLE 5 -CONTRACT SUM
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5.1 CITY shall pay DESIGN BUILDER in current funds as full compensation for the
performance of all the Work the lump sum of Two Million and Ninety Nine Thousand
Dollars ($2,099,000.00). This lump sum shall include but not be limited to the following:
Arch itect/Eng i nee ring;
Contract Administration and Management;
Construction of an approximately 10,000 s.f. Elementary and
Middle School Classroom Addition;
Site improvements.
5.2 CITY and DESIGN BUILDER acknowledge that this is a lump sum agreement for
the price of Two Million, and Ninety Nine Thousand Dollars ($2,099,000.00); however,
should the CITY request an addition, deletion or revision to the scope of Work in writing
which would cause a change in the contract sum, a change order will be generated and
agreed upon and issued revising the Contract accordingly. Any and all changes to the
scope of Work shall be done to maintain the integrity of an operational charter school
which meets the requirements of the Charter School Contract, the First Amendment and
Second Amendment as approved by the School Board, and the applicable state
statutes.
ARTICLE 6 DESIGN BUILDER'S RESPONSIBILITIES
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6.1 Design Responsibilities :
6.1.1 DESIGN BUILDER shall determine the general scope, extent and
character of the Work, in compliance with the Contract Documents and DESIGN
BUILDER shall submit preliminary design documents to CITY,for review and
authorization to proceed with the final design preparation. DESIGN BUILDER
shall incorporate CITY's comments into the design documents and prepare final
construction documents and diagrams setting forth in detail the requirements for
construction of the Work and submit the same to CITY, for approval prior to
commencing construction of the Work. All final design documents, plans, reports,
studies and other data prepared by DESIGN BUILDER shall bear the
endorsement of a person in the full employ of DESIGN BUILDER or sub-
contractor and duly registered in the appropriate professional category. DESIGN
BUILDER is responsible to submit and obtain all required construction drawing
approvals prior to submittal to the city building department to obtain the building
permit.
6.1.2 After CITY'S acceptance of the final construction documents, the original
set of DESIGN BUILDER'S final construction documents shall be provided to
CITY along with two (2) record sets of full size prints. DESIGN BUILDER or its
sub-contractor shall signify, by affixing an endorsement (seal/signature, as _
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appropriate) on every sheet of the record set, that the Work shown on the
endorsed sheets was produced by DESIGN BUILDER. Upon approval of the final
construction documents, CITY shall issue a written authorization to commence
construction.
6.1.3 All tracings, plans, drawings, diagrams, specifications, maps, reports and
other design documents prepared or obtained under this Agreement shall be
considered works made for hire and shall become the property of CITY without
restriction or limitation on their use for this project pursuant to the requirements
of this Agreement. However, if the documents are modified in any manner by the
CITY without the approval of DESIGN BUILDER or DESIGN BUILDER's
architect, CITY's use of the documents are at CITY's sole risk.
6.1.4 All services shall be performed by DESIGN BUILDER to the satisfaction
of the CITY who, upon making a determination of acceptance or satisfaction
shall utilize approved professional standards. Manager, or his designee, shall
decide all questions, and disputes of any nature whatsoever that may arise by
reason of the execution of this Agreement and the prosecution and fulfillment of
the services hereunder.
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6.1.5 Design shall be performed by qualified architects, engineers and other
professionals duly licensed by the State of Florida and holding current
certificates of registration under the lawsoLthe State of Florida to practice
architectural and/or engineering and who are selected and paid by the DESIGN
BUILDER.
6.2
Applicable Building Code:
The DESIGN BUILDER and the DESIGN BUILDER's architect will design and
construct the Facility in accordance with the requirements of the Florida Building Code,
including Chapter 423 (SREF), and the Florida Fire Prevention Code, including
reference documents, applicable state laws and rules, and federal law and rules, and
all life/safety mandates and mandates resulting from the specified educational program.
Certification of compliance with these requirements shall be demonstrated pursuant to
School Board requirements specified in the Charter School Contract First Amendment
and Second Amendment, by the DESIGN BUILDER providing a signed and sealed
statement from the architect of record stating that "l have designed and inspected the
subject facility, and to the best of my knowledge and ability have determined that: the
project is in compliance with applicable federal laws and rules, applicable statue
statutes and rules, the Florida Building Code, including Chapter 423 (SREF), and the
Florida Fire Prevention Code, including reference documents, and that no asbestos
containing materials were specified for use in this building, nor were asbestos
containing materials used in the construction of this project."
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6.3 Liability for use of Work for Intended Purpose:
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As an inducement for CITY to enter into this Agreement, DESIGN BUILDER has
represented an expertise in designing and constructing schools and educational
facilities. In reliance upon those representations, CITY hired DESIGN BUILDER to
provide professional design services and complete construction services. DESIGN
BUILDER shall be liable for any defective or negligent design, whether patent or latent,
and/or any negligence, strict liability or breach of other legal duty as such may be found
by a court of competent jurisdiction.
6.4 Supervision and Superintendence:
DESIGN BUILDER shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying DESIGN BUILDER'S best skill,
attention and expertise. DESIGN BUILDER shall be solely responsible for and have
control over the means, methods, techniques, sequences and procedures of
construction. DESIGN BUILDER shall be responsible to see that the finished Work
complies accurately with the Contract Documents, and approved final construction
documents. CITY shall have the authority to reject Work that does not comply with the
Contract Documents.
6.5 Superintendent.
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DESIGN BUILDER shall keep on the. Site at all times during its progress a
competent superintendent who shall not be replaced without written notice to CITY
unless the superintendent proves to be unsatisfactory to DESIGN BUILDER and ceases
to be in his employ.
6.6 Labor:
6.6.1 Construction services shall be performed by qualified construction
contractor licensed to do business in the State of Florida and suppliers, selected
and paid by the DESIGN BUILDER.
6.6.2 DESIGN BUILDER shall provide and pay for competent, suitably qualified
personnel to perform the Work as required by the Contract Documents. DESIGN
BUILDER shall not permit employment of unfit persons or persons not skilled in
tasks assigned to them. DESIGN BUILDER shall at all times maintain good
discipline and order at the Site. Except in connection with the safety or protection
of persons or the Work or property at the Site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, all Work at the Facility which is
exterior to the Facility, i.e., roofing, HVAC installations, any and all external
structure renovations, shall be performed during the hours of 7:00 am. and 6:00
p.m., unless otherwise approved by CITY. _
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6.7 Materials:
6.7.1 Unless otherwise specified herein, DESIGN BUILDER shall furnish, pay
for and assume full responsibility for all materials, equipment, transportation,
machinery, tools, appliances, water, heat, utilities and all other facilities and
services necessary for the furnishing, performance, testing, start-up and proper
completion of the Work.
6.7.2 DESIGN BUILDER warrants that all materials and equipment shall be of
good quality and new, unless otherwise provided in the Contract Documents and
that the construction will be free from defects whether patent or latent in nature.
All materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned in accordance with the instructions of the applicable
Supplier except as otherwise provided in the Contract Documents.
6.8
Concerning Sub-contractors, Suppliers and Others:
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6.8.1 Prior to the commencement of any specific Work hereunder, and prior to
award of any subcontracts, DESIGN BUILDER shall furnish, in writing to CITY,
the names of persons or entities (including those who are to furnish materials or
equipment fabricated to a special design) proposed for each principal portion of
the Work. CITY shall advise DESIGN BUILDER, in writing, of any proposed
person or entity to which CITY has a reasonable objection~ Failure of CITY to
reply promptly shall constitute notice of no reasonable objection. DESIGN
BUILDER shall not contract with a proposed person or entity to whom CITY has
made a reasonable and timely objection. If CITY has reasonable objection to a
person or entity proposed by DESIGN BUILDER, DESIGN BUILDER shall
propose another to whom CITY has no reasonable objection.
6.8.2 DESIGN BUILDER shall be fully responsible to CITY for all acts and
omissions of the DESIGN BUILDER'S employees, Sub-contractors, Suppliers
and other persons directly or indirectly employed by his Sub-contractors,
suppliers and of persons for whose acts any of them may be liable and any other
persons and organizations performing or furnishing of the Work under a direct or
indirect Contract with DESIGN BUILDER. Nothing in the Contract Documents
shall create any Contractual relationship between CITY and any such Sub-
contractor, supplier or other person or organization, nor shall it create any
obligation on the part of CITY to payor to see to the payment of any moneys due
any such Sub-contractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
6.8.3 All Work performed for DESIGN BUILDER by a Sub-contractor will be
pursuant to an appropriate agreement between DESIGN BUILDER and the Sub-
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contractor which specifically binds the Sub-contractor to the applicable terms and
conditions of the Contract Documents for the benefit of CITY. -.
6.8.4 DESIGN BUILDER shall provide the CITY with access to the site and
work at reasonable times for the installation of all furniture and equipment
needed to operate the Elementary and Middle school addition. It is understood
that the CITY will be responsible for ensuring that any and all damage caused by
such installation shall be corrected, without affecting the contract time.
6.9 Patent Fees and Royalties:
DESIGN BUILDER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of
any invention, design, process, product or device which is the subject of patent rights or
copyrights held by others.
6.10 Permits:
DESIGN BUILDER shall obtain and CITY shall pay for all necessary approvals,
permits and licenses. DESIGN BUILDER shall pay all governmental charges and
inspection fees necessary with the exception that municipal permit and inspection fees
related to this Agreement shall be waived, to the extent allowed.
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6.11 Laws and Regulations:
DESIGN BUILDER, including all of DESIGN BUILDER"S services and the Work,
shall comply with and give all notices required by laws, ordinances, rules, regulations
and lawful orders of public authorities applicable to the performance of the Work. CITY
shall not be responsible for monitoring DESIGN BUILDER'S compliance with any laws
and regulations. DESIGN BUILDER shall promptly notify CITY if the Contract
Documents are observed by DESIGN BUILDER to be at variance therewith. In the
event of such variance, DESIGN BUILDER, at its cost and expense shall revise the
Contract Documents to comply with such laws, and correct those portions of the Work, if
any, constructed pursuant to the non-compliant Construction Documents.
6.12 Risk of Loss; Title:
The risk of loss, injury or destruction shall be on DESIGN BUILDER until
acceptance of the Work by CITY. Title to the Work shall pass to CITY upon acceptance
of the Work by CITY.
6.13 Taxes:
DESIGN BUILDER shall pay all sales, consumer, use and all other taxes -
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required to be paid in connection with the Work in accordance with the laws and
regulations of the State of Florida and its political subdivisions. DESIGN BUILDER is
responsible for reviewing the pertinent state statutes involving such taxes and
complying with all requirements.
6.14 Elementary and Middle School Operations:
DESIGN BUILDER acknowledges the existing operations of the Charter School.
DESIGN BUILDER shall provide for the safety and protection of the students, staff, and
other persons from and during the performance of the Work and shall ensure that the
Work does not unreasonably interfere with the regular operations of the Schools. The
regular operations of the Schools shall include, but not be limited to, the regular school
day, scheduled before and after school activities, and parent/bus drop-off and pick-up
times. All Work to be performed on the School site shall be performed within the
designated construction area, unless otherwise approved by the CITY.
6.15
Use of Premises:
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6.15.1 DESIGN BUILDER shall confine equipment, the storage of materials
and equipment and the operations of workers to the Site and areas identified in
and permitted by the CITY and Contract Documents and shall not unreasonably
encumber the Site with equipment or other materials. DESIGN BUILDER shall
assume full responsibility for any damage to any such land or area, or to the
owner or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work. Should any. claim be made against CITY by
any such owner or occupant because of the performance of the Work, DESIGN
BUILDER shall promptly attempt to settle with such other party by agreement or
otherwise resolve the claim. The general indemnification provided elsewhere in
this Agreemen! specifically applies to the foregoing claims arising out of DESIGN
BUILDER's use of the Site.
6.15.2 During the progress of the Work, DESIGN BUILDER shall keep the Site
free from accumulations of waste materials, rubbish and other debris resulting
from the Work. At the completion of the Work, DESIGN BUILDER shall remove
all waste materials, rubbish and debris from and about the Site, as well as all
tools, appliances, equipment and machinery, and surplus materials, and shall
leave the Site clean and ready for occupancy by CITY. DESIGN BUILDER shall
restore to original condition all property not designated for alteration by the
Contract Documents.
^~"
6.15.3 DESIGN BUILDER shall not load nor permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall DESIGN
BUILDER subject any part of the Work or adjacent property to stresses or
13
pressures that will endanger it.
-
6.16 Access to Work:
DESIGN BUILDER shall provide CITY, CITY's consultants, representatives and
personnel, independent testing laboratories and governmental agencies with
jurisdictional interests with access to the Site and Work at reasonable times for their
observation, inspection and testing. DESIGN BUILDER shall provide them proper and
safe conditions for such access and advise them of DESIGN BUILDER's site safety
procedures and programs so that they may comply therewith.
6.17 Safety and Protection:
6.17.1 DESIGN BUILDER shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work to
prevent damage, injury or loss to all employees on the Site and other persons
and organizations who may be affected thereby; all the Work and materials and
equipment to be incorporated therein, whether in storage on or off the Site; and
other property at the Site or adjacent thereto.
6.17.2 DESIGN BUILDER shall comply with all applicable laws and regulations
of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss. -.
6.18 Indemnification:
6.18. t'GENERAL INDEMNIFICATION: In accordance with 725.06, Florida
Statutes, pertaining to construction work, DESIGN BUILDER shall indemnify and
hold harmless the City, its officers and employees, from liabilities, damages,
losses and costs, including, but not limited, reasonable attorneys' fees, to the
extent caused by the negligence or intentional wrongful misconduct of the
DESIGN BUILDER and persons employed or utilized by the DESIGN BUILDER
in the performance of the Agreement. Further, pursuant to Section 725.08,
Florida Statutes, pertaining to Design Professional Services, DESIGN BUILDER
shall indemnify and hold harmless the City, its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees, to the extent caused by negligence or intentional wrongful
conduct of the DESIGN BUILDER and persons employed or utilized by the
DESIGN BUILDER in the performance of the Agreement.
6.18.2 PATENT AND COPYRIGHT INDEMNIFICATION: DESIGN BUILDER
agrees to indemnify, defend, save and hold harmless the CITY, its officers,
agents and employees, from all damages, liabilities, losses, claims, fines and
fees, and from any and all suits and actions of every name and description that
may be brought against CITY, its officers, agents and employees, on account of
-
14
-,
any claims, fees, royalties, or costs for any invention or patent and/or for the
infringement of any and all copyrights or patent rights claimed by any person,
firm, or corporation arising from this Agreement.
6.18.3 DESIGN BUILDER shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney'
s fees and costs at both the trial and appellate levels.
6.18.4 DESIGN BUILDER reserves the right to select its own legal counsel,
subject to mutual agreement of the parties, to conduct any defense in any such
proceeding and all costs and fees associated therewith including any costs or
fees of an appeal shall be the responsibility of DESIGN BUILDER under the
indemnification agreement. Nothing contained herein is intended nor shall it be
construed to waive CITY's rights and immunities under the common law or
Florida Statute 768.28 as amended from time to time. This obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party described in this
Paragraph and its subparts.
6.19 Survival of Obligations:
"",~
All representations, indemnifications, warranties and guarantees made in,
required by, or given in accordance with this Agreement, as well as all continuing
obligations indicated in the Contract Documents, shall survive final payment, completion
and acceptance of the Work and termination or completion of the Agreement.
6.20 Correction or Removal of Defective' Work:
If reasonably required by CITY, DESIGN BUILDER shall promptly, as directed,
either correct all defective Work, whether or not fabricated, installed or completed, or, if
the Work has been rejected by CITY, remove it from the site and replace it with non-
defective Work. DESIGN BUILDER shall bear all direct costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys
and other professionals) made necessary thereby.
ARTICLE 7 -CITY'S RESPONSIBILITIES
7.1 CITY shall furnish data required of CITY under the Contract Documents promptly.
7.2 CITY acknowledges that all plan reviews, inspections and required approvals of the
CITY shall be expedited.
7.3 If the Work, or any portion thereof, is defective, or DESIGN BUILDER fails to supply
15
sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform
the Work in such a way that the completed Work will conform to the Contract .-
Documents, CITY may order DESIGN BUILDER to stop the Work or any portion
thereof, after providing seven (7) days written notice and opportunity to cure, until the
cause for such order has been eliminated; however, this right of CITY to stop the Work
shall not give rise to any duty on the part of CITY to exercise this right for the benefit of
DESIGN BUILDER or any other party.
ARTICLE 8 -CITY MANAGER'S RESPONSIBILITIES
8.1 The Manager will be CITY'S representative during the development and
construction period and until final payment is due to DESIGN BUILDER.
8.2 Visits to Site:
The Manager will make visits to the Site at intervals appropriate to the various
stages of construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. The Manager's efforts will be directed toward providing for CITY a greater
degree of confidence that the completed Work will conform to the Contract Documents.
On the basis of such visits and on-site inspections, the Manager shall keep CITY
informed of the progress oHhe Work.
---
8.3 Rejectil'lgDefective Work:
The Manager will have the authority to disapprove or reject Work which is
determined to be defective in accordance with the Contract Documents, and will also
have authority to require special inspections or testing of the Work whether or not the
Work is fabricated, installed or completed without causing unreasonable delay.
ARTICLE 9 -BONDS AND INSURANCE
9.1 Payment and Performance Bonds:
9.1.1 Prior to commencing Work, the DESIGN BUILDER shall furnish to CITY
a performance bond and a payment bond, each written by a corporate surety,
having a resident agent in the State of Florida and having been in business with
a record of successful continuous operation for at least five (5) years. The surety
shall hold a current certificate of authority from the Secretary of Treasury of the
United States as an acceptable surety on federal bonds in accordance with
United States Department of Treasury Circular No. 570. If the amount of the
Bond exceeds the underwriting limitation set forth in the circular, in order to
qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the circular and the excess risks must be protected by coinsurance, _
16
reinsurance, or other methods, in accordance with Treasury Circular 297, revised
September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the
surety company shall provide CITY with evidence satisfactory to CITY, that such
excess risk has been protected in an acceptable manner. The surety company
shall have at least the following minimum qualification in accordance with the
latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best
Company, Inc., Ambest Road, Oldwick, New Jersey 08858: B+ to A+.
.~
9.1.2 Two (2) separate bonds are required and both must be approved by the
CITY. The penal sum stated in each bond shall be the amount equal to the total
amount payable under the terms of the Agreement. The performance bond shall
be conditioned that the DESIGN BUILDER or sub-contractor perform the
Agreement in the time and manner prescribed in the Agreement. The payment
bond shall be conditioned that the DESIGN BUILDER or sub-contractor promptly
make payments to all persons who supply the DESIGN BUILDER or sub-
contractor with labor, materials and supplies used directly or indirectly by the
DESIGN BUILDER or sub-contractor in the prosecution of the Work provided for
in the Agreement and shall provide that the surety shall pay the same in the
amount not exceeding the sum provided in such bonds, together with interest at
the maximum rate allowed by law; and that they shall indemnify and save
harmless the CITY to the extent of any and all payments in connection with the
carrying out of said Agreement which the CITY may be required to make under
the law.
9.1.3 Pursuant to the requirements of Section 255.05(1)(a), Florida Statutes, it
shall be the duty of the DESIGN BUILDER to record the aforesaid payment and
performance bonds in the public records of Miami-Dade County, with the
DESIGN BUILDER to pay all recording costs.
9.2 Bonds., Reduction After Final Payment:
Such bonds shall continue in effect for one (1) year after final payment becomes
due except as otherwise provided by law or regulation or by the Contract Documents.
DESIGN BUILDER shall have the option to procure a substitute bond conditioned that
DESIGN BUILDER shall correct any defective or faulty Work or material which appears
within one (1) year after TCO is issued, upon notification from the CITY.
9.3 Duty to Substitute Surety:
.",...-"
If the surety on any Bond furnished by DESIGN BUILDER is declared bankrupt
or becomes insolvent or its right to do business is terminated in the State of Florida or it
ceases to meet the requirements of other applicable laws or regulations, DESIGN
BUILDER shall within seven (7) days thereafter substitute another bond and surety,
both of which must be acceptable to CITY.
17
9.4 Insurance:
-
9.4.1 At the time of execution of the Agreement the DESIGN BUILDER shall
submit certificate(s) of insurance evidencing the required coverages and
specifically providing that the City of Aventura is an additional named insured or
additional insured with respect to the required coverage and the operations of the
DESIGN BUILDER under the Agreement. The certificates of insurance shall not
only name the types of policies provided, but shall also specifically refer to this
Agreement and shall state that such insurance is as required by Article 9 and its
subparts of this Agreement. DESIGN BUILDER shall not commence Work under
this Agreement until after DESIGN BUILDER has obtained all of the required
insurance herein described and the policies of such insurance detailing the
provisions of coverage have been received and approved by CITY. DESIGN
BUILDER shall not permit any Subcontractor to begin work until after similar
minimum insurance to cover Subcontractor has been obtained and approved. In
the event the insurance certificate provided indicates that the insurance shall
terminate and lapse during the term of this Agreement, then in that event,
DESIGN BUILDER shall furnish, at least thirty (30) calendar days prior to
expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage and extension thereunder is in effect. DESIGN
BUILDER shall not continue to perform the services required by this Agreement
unless all required insurance remains in full force and effect. _.
9.4.2 Insurance! Companies selected must be licensed to do business in the
State of Florida and acceptable the CITY. All of the policies of insurance so
required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice
has been given to CITY by certified mail.
9.4.3 The DESIGN BUILDER shall procure and maintain at its own expense
and keep in effect during the full term of the Agreement a policy or policies of
insurance which must include the following coverage and minimum limits of
liability:
(a) Professional Liability (Errors and Omissions) Insurance for architectural
and engineering services and the services of any other professional used
in the performance of the Work of this Agreement in the amount of
$1,000,000.00. The certificate of insurance for professional liability shall
reference any applicable deductible and the Work of this Agreement.
(b)
Worker's Compensation Insurance for statutory obligations imposed by
Worker's Compensation or Occupational Disease Laws, including, where
-,
18
applicable, the United States Longshoremen's and Harbor Worker's Act,
the Federal Employer's Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of One Hundred
Thousand and xx/100 dollars ($100,000.00) per accident. DESIGN
BUILDER agrees to be responsible for the employment, conduct and
control of its employees and for any injury sustained by such employees
in the course of their employment.
(c) Comprehensive Automobile Liability Insurance for all owned, non-owned
and hired automobiles and other vehicles used by the DESIGN BUILDER
in the performance of the Work with the following minimum limits of
liability:
$1,000,000.00
Combined Single Limit, Bodily Injury and
Property Damage Liability, per occurrence
(d) Comprehensive General Liability Insurance (occurrence form) with the
following minimum limits of liability:
$1,000,000.00
Combined Single Limit, Bodily Injury and
Property Damage Liability, per occurrence
Coverage must be offered in a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy without restrictive
endorsements, as filed by the Insurance Services Office and shall
specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage
Liability:
1. Premises and Operations;
2. Independent Developers;
3. Product and Completed Operations Liability;
4. Broad Form Property Damage;
5. Broad Form Contractual Coverage applicable to the Agreement
and specifically confirming the indemnification and hold harmless
agreement in the Agreement; and
6. Personal Injury coverage with employment contractual exclusions
removed and deleted.
(e)
Builder's Risk Insurance in an amount not less than THE
REPLACEMENT COST for the construction of the Work. Coverage shall
be "All Risk" coverage for one hundred percent (100%) of the completed
value with a deductible of not more than five thousand and 00/100 dollars
($5,000.00) per claim.
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19
9.4.4 DESIGN BUILDER shall maintain the Products/Completed Operations
Liability Insurance for a period of at least two (2) years after final payment for the
Work and furnish CITY with evidence of continuation of such insurance at final
payment and one (1) year thereafter.
......,
9.4.5 The required insurance coverage shall be issued by an insurance
company authorized and licensed to do business in the State of Florida, with the
following minimum rating of B + to A +, in accordance with the latest edition of
A.M. Best's Insurance Guide.
9.4.6 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the parties
being that the required insurance coverage protect both parties as the primary
coverage for any and all losses covered by the above described insurance.
9.4.7 The DESIGN BUILDER shall ensure that any company issuing insurance
to cover the requirements contained in this Agreement agrees that they shall
have no recourse against CITY for payment or assessments in any form on any
policyof insurance.
9.4.8 The clauses . "Other Insurance Provisions" and "Insurers Duties in the
Eventof an Occurrence, Claim or Suit" as it appears in any policy of insurance in -
which CITY is named as an additional named insured shall not apply to CITY.
CITY shall provide written notice of occurrence within fifteen (15) working days of
CITY's actual notice of such an event.
9.4.9 The DESIGN BUILDER shall not commence performance of its
obligations under this Agreement until after it has obtained all of the minimum
insurance herein described and the same has been approved.
9.4.10 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the parties
being that the required insurance coverages protect both parties as the primary
coverages for any and all losses covered by the above described insurance.
9.4.11 The DESIGN BUILDER agrees to perform the Work under the
Agreement as an independent DESIGN BUILDER, and not as a sub-contractor,
agent or employee of CITY.
9.4.12 DESIGN BUILDER shall require each of its Sub-contractors of any tier
to maintain the insurance required herein for each category, and DESIGN
BUILDER shall provide verification thereof to CITY upon request of CITY.
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20
"'~
9.4.13 Violation of the terms of this paragraph and its subparts shall constitute
a material breach of the Agreement and CITY, at its sole discretion, may cancel
the Agreement and all rights, title and interest of the DESIGN BUILDER shall
thereupon cease and terminate.
9.4.14 CITY shall be responsible for the payment of deductibles for Builder's
Risk and any project specific insurance.
9.5 CITY'S Liability and Insurance:
CITY shall not be responsible for purchasing and maintaining any insurance to
protect the interests of DESIGN BUILDER, Sub-contractors or others on the Work. CITY
specifically reserves all statutory and common law rights and immunities and nothing
herein is intended to limit or waive same including, but not limited to, the procedural,
monetary limitation and substantive provisions of Section 768.28, Florida Statutes and
Section 95.11, Florida Statutes.
ARTICLE 10 - WARRANTIES: TESTS AND INSPECTIONS: CORRECTION OF
DEFECTIVE WORK
10.1 Warranty of Title:
,~
The DESIGN BUILDER warrants to the CITY that it possesses good, clear and
marketable title to all equipment and materials provided hereunder and there are no
pending liens, claims or encumbrances whatsoever against said equipment and
materials.
10.2 Warranty of Specifications:
The DESIGN BUILDER warrants that all equipment, materials and workmanship
furnished, whether furnished by the DESIGN BUILDER or its Sub-contractors and
suppliers, will comply with the Contract Documents including, without limitations, the
specifications, drawings and other descriptions supplied or adopted and that all services
will be performed in a workmanlike manner.
10.3 Warranty of Merchantability:
DESIGN BUILDER warrants that any and all equipment to be supplied pursuant
to the Agreement is merchantable, free from defects, whether patent or latent in
material or workmanship and fit for the ordinary purposes for which it is intended.
10.4 Correction Period:
.",,~
DESIGN BUILDER warrants, through the Performance Bond, all material and
21
construction workmanship for a minimum of one (1) year from date of Temporary
Certificate of Occupancy by the CITY. If within one (1) year after the date of final
completion or such longer period of time as may be prescribed by laws or regulations or
by the terms of any applicable special guarantee required by the Contract Documents,
any Work is found to be defective, whether observed before or after acceptance by
CITY, DESIGN BUILDER shall promptly, without cost to CITY and in accordance with
CITY's written instructions, either correct such defective Work, or, if it has been rejected
by CITY, remove it from the Site and replace it with Work that is not defective and
satisfactorily correct and remove and replace any damage to other Work or the Work of
others resulting therefrom. If DESIGN BUILDER does not promptly comply with the
terms of such instructions, or in an emergency where delay would cause serious risk of
loss or damage, CITY may have the defective workmanship corrected or the rejected
Work removed and replaced, and all direct costs of such removal and replacement
(including but not limited to fees and charges of engineers, architects, attorneys and
other professionals) will be paid by DESIGN BUILDER upon demand.
10.4.1 Where defective Work (and damage to other Work resulting therefrom)
has been corrected, removed or replaced under this paragraph, the correction
period hereunder with respect to such Work will be extended for an additional
period of one (1) year after such correction or removal and replacement has
been satisfactorily completed.
-.
10.4.2 Nothing contain.ed in this Article shall be construed to establish a period -.
of limitation with respect to other obligations which DESIGN BUILDER might
have under the Contract Documents. Establishment of the time period of one (1)
year as described in Paragraph 10.4.1 relates only to the specific obligation of
the DESIGN BUILDER to correct the Work, and has no relationship to the time
within which the obligation to comply with the Contract Documents may be
sought to be enforced, nor to the time within which proceedings may be
commenced to establish DESIGN BUILDER's liability with respect to the
DESIGN BUILDER's obligation other than specifically to correct the Work.
10.5 DESIGN BUILDER warrants to the CITY that it, at DESIGN BUILDER'S sole cost
and expense, will comply with all applicable federal, state and local laws, regulations
and orders in carrying out its obligations under this Agreement. DESIGN BUILDER
warrants to the CITY that it has obtained all necessary professional licenses necessary
to perform its services under this Agreement
10.6 DESIGN BUILDER warrants to the CITY that it is not insolvent, it is not in
bankruptcy proceedings or receivership, nor is it engaged in or threatened with any
litigation, arbitration or other legal or administrative proceedings or investigations of any
kind which would have an adverse effect on its ability to perform its obligations under
the Agreement.
22
-.
!~
10.7 DESIGN BUILDER warrants to the CITY that the consummation of the Work
provided for in the Contract Documents will not result in the breach of any term or
provision of, or constitute a default under any indenture, mortgage, contract, or
agreement to which the DESIGN BUILDER is a party.
10.8 DESIGN BUILDER warrants that there has been no violation or copyrights or
patent rights either in the United States of America or in foreign countries in connection
with the Work of the Agreement.
10.9 No warranty, either express or implied, may be modified, excluded or disclaimed
in any way by DESIGN BUILDER. All warranties shall remain in full force and effect,
notwithstanding acceptance and payment by CITY.
10.10 Tests and Inspections:
10.10.1 DESIGN BUILDER shall give CITY and all applicable government
agencies timely notice of readiness of the Work for all required inspections, tests
or approvals. DESIGN BUILDER shall assume full responsibility, pay all costs in
connection therewith and furnish CITY the required certificates of inspection,
testing or approval for all materials, equipment or the Work or any part thereof
unless otherwise specified herein.
,.....-.
10.10.2 Inspectors shall have no authority to permit deviations from or to relax
any of the provisions of the Contract Documents, or to delay the Agreement by
failure to inspect the materials and Workwith reasonable promptness.
10.10.3 The payment of any compensation whatever may be its character or
form, or the giving of any gratuity or the granting of any favor by the DESIGN
BUILDER to any inspectors, directly or indirectly is strictly prohibited and any
such action on the part of the DESIGN BUILDER will constitute a breach of this
Agreement.
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ARTICLE 11- CHANGE OF CONTRACT TIME
-,
11.1 Change of Contract Time:
11.1.1 All time limits stated in the Contract Documents are of the essence of the
agreement. With the exception of the items identified in Sections 11.1.3 and
11.1.4 below, an extension of time shall be the DESIGN BUILDER'S sole remedy
for any delay claims.
11.1.2 DESIGN BUILDER acknowledges and agrees that the Elementary and
Middle school additions must open in time for the 2009 school year. Should the
Facility not receive a temporary certificate of occupancy, through no fault of the
CITY, on or before August 14th, 2009, (subject to any agreed upon time
extensions) which will provide for the use of the entire Facility for its intended
purpose as Elementary and Middle school classroom additions, the DESIGN
BUILDER acknowledges and agrees that it shall pay to the CITY liquidated
damages in the amount of $1,000.00 per day for every day after August 14th,
2009 (subject to agreed upon time extensions) that the Facility has not received
a temporary certificate of occupancy. Such liquidated damages may be offset
againstanyamounts due and owed by the CITY to DESIGN BUILDER.
11.1.3 Extensions to the Contract Time and increases to the Cost of the Work
for delays caused by the effects of inclement weather, including a Hurricane -.
Event which is addressed below, shall be submitted as a change order pursuant
to Article 5.2 herein. In the event that rain, other inclement weather conditions,
related adverse soil conditions or a Hurricane Event have an adverse effect on
, the schequled construction and are in excess ofthezero (0) rain days included in
the Project schedule, DESIGN BUILDER shall be entitled to a day for day
extension of the Contract Time and payment of additional costs incurred
including extended general conditions costs of $1,646.00 per calendar day for all
such weather related delays. A Hurricane Event shall be deemed to begin when
a tropical storm or hurricane warning is issued by the National Weather Service
for the area encompassing the Project. A Hurricane Event shall be deemed to
end when each of the following has occurred: The tropical storm or hurricane
warning is lifted; local municipal authorities are capable of conducting
inspections; and, DESIGN BUILDER determines that all delays related to
materials, labor and Project access have ceased.
11.1.4 If the DESIGN BUILDER is delayed at any time in the commencement or
progress of the Work by an act or neglect of the CITY or of a separate contractor
employed by the CITY, or by changes ordered in the Work, or by labor disputes,
fire, unusual delay in deliveries, unavoidable casualties or other causes beyond
the DESIGN BUILDER'S control, including weather delays as specified in 11.1.3
above, or by delay authorized by the CITY pending resolution of disputes .-..
pursuant to the Design Build Documents, the Contract Time shall be extended on
24
,-
a day for day basis and the Cost of the Work increased including extended
general conditions costs of $1595.00 per calendar day.
ARTICLE 12 - COST OF WORK
12.1 The "Cost of the Work" shall be the lump sum amount of $2,099,000.00.
12.2 Adjustments to the Cost of the Work resulting from changes in the Work shall be
calculated as follows: DESIGN BUILDER shall be entitled to a Fifteen (15%) percent
markup on all costs including but not limited to associated general conditions and
bond/insurance premiums increased as a result of changes in the Work and any other
related costs.
ARTICLE 13 -PAYMENTS TO DESIGN BUILDER AND COMPLETION OF WORK
13.1 Progress Payments:
13.1.1 DESIGN BUILDER may requisition payments for Work completed and a
monthly draw of the DESIGN BUILDER's Fee prorated based upon the
percentage of Work completed during the preceding month during the project at
intervals of not more than once a month. The DESIGN BUILDER's requisition
shall show a complete breakdown of the project components, the quantities
completed and the amount due, together with a certification by the DESIGN
BUILDER that the DESIGN BUILDER has or will disburse to all Sub-contractors
and suppliers their pro-rata shares of the payment out of previous progress
payments received by the DESIGN BUILDER for all Work completed and
materials furnished in the previous period and partial waivers of lien executed by
DESIGN BUILDER and properly executed releases of liens by all Sub-
contractors, suppliers and materialmen who were included in the DESIGN
BUILDER'S previous applications for payment, and any other supporting
documentation as may be required by the Contract Documents. Each requisition
shall be submitted in triplicate to the Manager for approval.
13.1.2 Provided that an Application for Payment is received not later than the
25th of the month, the CITY shall make payment to the DESIGN BUILDER not
later than the 10th day of the following month. If an Application for Payment is
received by the CITY after the application date fixed above, payment shall be
made by the CITY not later than fifteen (15) days after the CITY receives the
Application for Payment. Notwithstanding the above time frames, costs for
mobilization and bond/insurance premiums shall be paid by the CITY within
seven (7) days receipt of each invoice for said costs.
13.1.3 Ten percent (10 %) retainage shall be withheld by the CITY until the Work
25
is totally completed as specified, and accepted by the CITY except that after fifty
percent (50 %) of the Work has been completed, the CITY may, but in no way be -.,
obligated to, reduce the retainage to five percent (5%) of all monies earned.
Retainage shall not be withheld on fee, general conditions, self-performed work,
bond / insurance premiums and the Architect's fee.
13.1.4 On the date a Temporary Certificate of Occupancy is issued or within
seven (7) calendar days thereof, the CITY shall prepare a monetized punch list
identifying any remaining items to be completed and the CITY shall make a
progress payment equal to the total contract price that remains due and owing
less One Hundred and Fifty (150%) percent of the value of the punch list until
said items have been completed.
13.2 Final Inspection:
Upon issuance of TCO and written notice from DESIGN BUILDER that the entire
Work or an agreed portion thereof is complete, CITY will make a final inspection and will
notify DESIGN BUILDER in writing within seven (7) days of all particulars in which this
inspection reveals that the Work is incomplete or defective pursuant to Section 13.1.4
above. DESIGN BUILDER shall immediately take such measures as are necessary to
remedy such deficiencies.
13.3 Final Application for Payment:
-
After DESIGN BUILDER has completed all such corrections to the satisfaction of
Manager and delivered all maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, as-built drawings hard copies and in
CADD format and other documents required by the Contract Documents, and after
Manager has indicated that the Work is acceptable, DESIGN BUILDER may make
application for final payment. The final application for payment shall be accompanied by
(1) complete and legally effective releases or waivers of all liens arising out of or filed in
connection with the Work; or (2) DESIGN BUILDER'S receipts in full covering all labor,
materials and equipment for which a lien could be filed; or (3) a final affidavit stating that
all laborers, materialmen, suppliers and Sub-contractors who worked for DESIGN
BUILDER under this Agreement have been paid in full or will be paid upon receipt of
final payment from the CITY, or, if the fact be otherwise, identifying the name of each
lienor who has not been paid in full and the amount due or to become due each for
labor, services or materials furnished. If any Subcontractor or supplier fails to furnish a
release or receipt in full, DESIGN BUILDER may furnish a bond satisfactory to CITY to
indemnify CITY against any lien. However, the CITY shall have the right to demand and
receive from the DESIGN BUILDER, before final payment, final releases of lien
executed or to be executed upon receipt of final payment from the CITY, by all persons,
firms or corporations who have performed or furnished labor, services or materials used
in the Work. -..
26
,..--
In addition, DESIGN BUILDER shall also submit with the final application for
payment, the completed set of "As-Built" drawings hard copies and in CADD format for
review and approval. The "As-Built" drawings shall be prepared, sealed and certified by
a design professional licensed by the State of Florida. Final payment to DESIGN
BUILDER shall not be made until said drawings have been reviewed and approved by
CITY with said review and approval to be completed within seven (7) calendar days of
receipt. Prior to approval, if necessary, the drawings may be returned to DESIGN
BUILDER for changes or modifications if in the opinion of CITY they do not represent
correct or accurate "As-built" drawings.
13.4 Final Payment and Acceptance:
13.4.1 If, on the basis of Manager's observation of the Work during construction
and final inspection, and CITY'S review of the final Application for Payment and
accompanying documentation, CITY is satisfied that the Work has been
completed and DESIGN BUILDER's other obligations under the Contract
Documents have been fulfilled, CITY will, within ten (10) days after receipt of the
final Application for Payment and accompanying documentation, in appropriate
form and substance, present the Application to CITY for payment. Thereupon,
the Manager will give written notice to DESIGN BUILDER that the Work is
acceptable. Otherwise, CITY will return the Application to DESIGN BUILDER,
indicating in writing the reasons for refusing to recommend final payment, in
which case DESIGN BUILDER shall make the necessary corrections and
resubmit the Application and accompanying documentation, in appropriate form
and substance. Thirty (30) days after the Manager has given written notice to
DESIGN BUILDER that the Work is acceptable, the amount recommended will
become due and will be paid by CITY to DESIGN BUILDER.
13.4.2 If, through no fault of DESIGN BUILDER, final completion of the Work is
significantly delayed and if Manager so confirms, CITY shall, upon receipt of
DESIGN BUILDER'S final Application for Payment and without terminating the
Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by CITY for Work
not fully completed or corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required, the written consent of
the surety to the payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by DESIGN BUILDER to CITY with
the Application for such payment. Such payment shall be made under the terms
and conditions governing final payment, except that it shall not constitute a
waiver of claims.
13.5 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the CITY to the DESIGN BUILDER when the Work has been completed
pursuant to the terms of this Agreement, the Agreement fully performed, the CO issued
27
and a final certificate for payment has been issued by the CITY. The making of final
payment shall constitute a waiver of claims by CITY except those arising from:
(1) Liens, claims, security interests or encumbrances arising out of this
Agreement and unsettled.
-.,
(2) Faulty or defective Work and latent and patent defects discovered after
acceptance.
(3) Failure of the Work to comply with the requirements of the Contract
Documents.
(4) Terms of special warranties required by the Contract Documents
(5) Any of DESIGN BUILDER'S continuing obligations under, or which
survive this Agreement.
(6) Any warranties and guarantees provided under Florida law.
The acceptance of final payment by DESIGN BUILDER or the sub-contractor for
materials and supplies shall constitute a waiver of claims by that payee except those
previously made in writing and identified by payee as unsettled at the time of final
application for payment.
.-.
13.6 CITY'S Right to Withhold Payment:
The CITY may withhold in whole or in part, final payment or any progress
payment to such extent as may be necessary to protect itself from loss for reasons
including, but not limited to, the following:
13.6.1 Defective Work not remedied.
13.6.2 Claims filed or reasonable evidence indicating the probable filing of
claims by other parties against the DESIGN BUILDER.
13.6.3 Failure of the DESIGN BUILDER to make payment to Sub-contractors
or suppliers for materials or labor.
13.6.4 Damage to another Party not remedied.
13.6.5 Reasonable evidence that the Work cannot be completed for the unpaid
balance of the Contract Sum.
13.6.6 Failure to carry out the Work in accordance with the Contract
Documents. -.
28
When the above reasons are removed or resolved or the DESIGN BUILDER provides a
surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in
the amount withheld, payment may be made in whole or in part.
ARTICLE 14. TERMINATION OF THE AGREEMENT
14.1 CITY'S Right to Terminate:
The CITY has the right to terminate this Agreement upon the occurrence of any
one or more of events which include, but are not limited to, the following:
14.1.1 If DESIGN BUILDER commences a voluntary case under any chapter of
the Bankruptcy Code as now or hereafter in effect, or if DESIGN BUILDER takes
any equivalent or similar action by filing a petition or otherwise under any other
federal or state law in effect at such time relating to the bankruptcy or insolvency.
14.1.2 If a petition is filed against DESIGN BUILDER under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition
is filed seeking any such equivalent or similar relief against DESIGN BUILDER
under any other federal or !?tate law .in effect aUhe time relating to bankruptcy or
insolvency.
14.1.3 If DESIGN BUILDER makes 8 general assignment for the benefit of
creditors.
14.1.4 If DESIGN BUILDER admits In writing an inability to pay its debts
generally as they become due..
14.1.5 If DESIGN BUILDER persistently fails to perform the Work in accordance
with the Contract Documents (including but not limited to, failure to supply
sufficient skilled workers or suitable materials or equipment or failure to adhere
to the progress schedule as same may be revised from time to time).
14.1.6 If DESIGN BUILDER fails to comply with laws or regulations of any public
body having jurisdiction.
14.1.7 If DESIGN BUILDER otherwise fails to comply with any provisions of the
Contract Documents.
~.
CITY may, after giving DESIGN BUILDER and the surety seven (7) days written notice,
terminate the services of DESIGN BUILDER, exclude DESIGN BUILDER from the Site
and take possession of the Work and of all DESIGN BUILDER's tools, appliances,
construction equipment and machinery at the Site and use the same to full extent they
could be used by DESIGN BUILDER (without liability to DESIGN BUILDER for trespass
29
or conversion), incorporate in the Work all materials and equipment stored at the Site or
for which CITY has paid DESIGN BUILDER but which are stored elsewhere, and finish -
the Work as CITY may deem expedient. In such case DESIGN BUILDER shall not be
entitled to receive any further payment until the Work is finished. Prior to submitting
written notice to surety, City shall provide DESIGN BUILDER with the opportunity to
cure within fifteen (15) calendar days of written notice. If DESIGN BUILDER fails to cure
and CITY terminates this Agreement pursuant to this Section 14.1, DESIGN BUILDER
shall be liable for and immediately pay CITY upon demand any compensatory damages
associated with such termination and the completion of the Work.
14.2 Termination for Convenience of CITY:
Upon seven (7) days written notice to DESIGN BUILDER, CITY may, without
cause and without prejudice to any other right or remedy, terminate this agreement for
CITY'S convenience whenever CITY determines that such termination is in the best
interests of CITY. Where the agreement is terminated for the convenience of CITY, the
notice of termination to DESIGN BUILDER must state that the Agreement is being
.terminatedfor the convenience of the CITY under the termination clause, the effective
date of the termination and the extent of termination. Upon receipt of the notice of
. termination for convenience, DESIGN BUILDER shall promptly disco"ntinue all Work at
the time and to the extent indicated on the notice of termination, terminate all
outstanding Sub-contractors and purchase orders to the extent that they relate to the
terrninpted . portion . of the Agreement, and refrain from placing. further orders and
. supcontracts.( DESIGN BUILDER shall not be paid on. account of loss of anticipated
profits or revenue or other '<economic loss arising out of or resulting from such
termination. 'DESIGN BUILDER shall be compensated only for Work which it has
p.erformedpursuant to this J\greement and for costs incurred by reason. o~ sUGh
termination. .
,-
14.4 Termination by DESIGN BUILDER:
If CITY fails to recommend payment for a period of thirty (30) calendar days
through no fault of DESIGN BUILDER or if CITY fails to make payment thereon for a
period of thirty (30) calendar days, DESIGN BUILDER may, upon seven (7) additional
days written notice to CITY, terminate the Agreement and recover from the CITY
payment for Work executed and for proven loss with respect to materials, equipment,
tools and construction equipment and machinery as well as anticipated profit.
ARTICLE 15 - NOTICE. COMPUTATION OF TIME
15.1 Giving Notice:
All notices required by any of the Contract Documents shall be in writing and
shall be deemed delivered upon mailing by certified mail, return receipt requested to the
following:
-
30
r-
As to DESIGN BUILDER:
Michael Kaufman
Kaufman Lynn Inc., General Contractors
622 Banyan Trail, # 300
Boca Raton, FL 33431
As to CITY:
Eric M. Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
15.2 Computation of Time:
When any period of time is referred to in the Contract Documents by days, it will
be computed to exclude the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day made a legal holiday by
the law of the applicable jurisdiction, such day will be omitted from the computation. A
calendar day of twenty four (24) hours measured from midnight to the next midnight
- shall constitute a day.
ARTICLE 16 - MISCELLANEOUS
16.1 The duties and obligations imposed by this Agreement and Contract Documents
and the rights and remedies available hereunder to the parties hereto, and, in particular
but without limitation, the warranties, guaranties and obligations imposed upon DESIGN
BUILDER and all of the rights and remedies available to CITY thereunder, are in
addition to, and are not to be construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise imposed or available to any
or all of them which are otherwise imposed or available by laws or regulations, by
special warranty or guarantee or by other provisions of the Contract Documents, and
the provisions of this Paragraph will be as effective as if repeated specifically in the
Contract Documents, and the provisions of this Paragraph will survive final payment and
termination or completion of the Agreement.
16.2 DESIGN BUILDER and its employees, volunteers and agents shall be and
remain independent DESIGN BUILDERs and not agents or employees of CITY with
respect to all of the acts and services performed by and under the terms of this
Agreement. This Agreement shall not in any way be construed to create a partnership,
association or any other kind of joint undertaking or venture between the parties hereto.
,.,,~
16.3 CITY reserves the right to audit the records of DESIGN BUILDER relating in
31
anyway to the Work to be performed pursuant to this Agreement at any time during the
performance and term of the Agreement and for a period of three (3) years after -."
completion and acceptance by CITY. If required by CITY, DESIGN BUILDER agrees to
submit to an audit by an independent certified public accountant selected by CITY.
DESIGN BUILDER shall allow CITY to inspect, examine and review the records of
DESIGN BUILDER at any and all times during normal business hours during the term of
the Agreement.
16.4 The remedies expressly provided in this Agreement to CITY shall not be
deemed to be exclusive but shall be cumulative and in addition to all other remedies in
favor of CITY now or hereafter existing at law or in equity.
16.5 The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement
shall be litigated in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida
and the prevailing party shall be entitled to payment by the non-prevailing party of all
attorney's fees and costs reasonably incurred in prosecuting said action.
16.6 Should any part, term or provision of this Agreement be by the courts decided to
be invalid, illegal or in conflict with any law of the State, the validity of the remaining
portion or provision shall not be affected thereby.
-.
ARTICLE 17 ..ASSIGNMENT
17.1 DESIGN BUILDER shall not assign or transfer this Agreement or its rights,
title or ir;ltere"sts therein withQutthe prior written consent of CITY, which consent sha,1I
not be unreasonably withheld; The obligations undertaken by DESIGN BU I LDER
pursuant to this Agreement shall not be delegated or assigned to any other person or
firm unless CITY shall first consent in writing to the assignment, which consent may be
withheld in CITY's sole discretion. Violation of the terms of this Paragraph shall
constitute a material breach of this Agreement by DESIGN BUILDER and the CITY
may, at its discretion, cancel this Agreement and all rights, title and interest of DESIGN
BUILDER shall thereupon cease and terminate.
ARTICLE 18- SPECIFIC PERFORMANCE
Each of the parties acknowledges that the parties will be irreparably damaged
(and damages at law would be an inadequate remedy) if this Agreement is not
specifically enforced. Therefore, in the event of a breach or threatened breach by any
party of any provision of this Agreement, the other party shall be entitled, in addition to
all other rights or remedies, to an injunction restraining such breach, without being
required to show any actual damage or to post any bond or other security, and/or to a
decree for specific performance of the provisions of this Agreement.
-
32
.~
ARTICLE 19- HAZARDOUS SUBSTANCES
19.1 The DESIGN BUILDER agrees that it shall not transport to, use, generate,
dispose of, or install at the Site any Hazardous Substance, (as defined in Section 19.4),
except in accordance with applicable Environmental Laws. Further, in performing the
Work, the DESIGN BUILDER shall not cause any release of hazardous substances into,
or contamination of, the environment, including the soil, the atmosphere, any water
course or ground water, except in accordance with applicable Environmental Laws. In
the event the DESIGN BUILDER engages in any of the activities prohibited in this
Section 19.1, to the fullest extent permitted by law, the DESIGN BUILDER hereby
indemnifies and holds harmless the CITY from and against any and all claims,
damages, losses, causes of action, suits and liabilities of every kind, including but not
limited to expenses of litigation, court costs, punitive damages and attorneys' fees,
arising out of, incidental to or resulting from the activities prohibited in this Section 19.1.
-
19.2 In the event the DESIGN BUILDER encounters on the Site any Hazardous
Substance, or what the DESIGN BUILDER reasonably believes to be a Hazardous
Substance, and which is being introduced to the Work, or exists on the Site, in a
manner violative of any applicable Environmental Laws, the DESIGN BUILDER shall
immediately stop work in the area affected and report the condition to the Manager in
writing. . The Work in the affected area shall not therE3after be. resumed except by written
~uthorization of the Manager if in fact a Hazardous Substance has been encountered
and has not been rendered harmless. In the event the DESIGN BUILDER fails to stop
the Work upon encountering a Hazardous Substance at the Site, to the fullest extent
permitted by law, the DESIGN BUILDER hereby indemnifies and holds harmless the
CITY from and against all claims, damages, losses, causes of action, suits and liabilities
of every kind, including; but not limited to, expenses' of litigation, court, costs, punitive
damages and attorneys' fees, arising out of, incidental to, or resulting from the DESIGN
BUILDER's failure to stop the Work.
19.3 An extension of time and payment of additional costs incurred including
extended general conditions shall be the DESIGN BUILDER's sole remedy for any
delay arising out of the encountering and/or rendering harmless of any Hazardous
Substance at the Site. CITY and the DESIGN BUILDER may enter into an agreement
for the DESIGN BUILDER to remediate and/or render harmless the Hazardous
Substance, but the DESIGN BUILDER shall not be required to remediate and/or render
harmless the Hazardous Substance absent such agreement. DESIGN BUILDER shall
not be required to resume Work in any area affected by the Hazardous Substance until
such time as the Hazardous Substance has been remediated and/or rendered
harmless.
.~
19.4 For purposes of this Agreement, the term "Hazardous Substance" shall mean
and include, but shall not be limited to, any element, constituent, chemical, substance,
compound, or mixture, which are defined in or included under or regulated by any local,
state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental
33
regulation, contamination, clean-up or disclosure, including, without limitation, The
Comprehensive Environmental Response, Compensation and Liability Act of 1980 -
("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic
Substances Control Act ("TSCA"), The Clean Water Act ("CWA"), The Clean Air Act
("CAA"), and The Marine Protection Research and Sanctuaries Act ("MPRSA"), The
Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and
Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373, 376 and 403, Florida
Statutes, the rules and regulations of the Florida Department of Environmental
Protection or other state superlien or environmental clean-up or disclosure statutes
including all state and local counterparts of such laws (all such laws, rules and
regulations being referred to collectively as "Environmental Laws"). It is the DESIGN
BUILDER's responsibility to comply with this Article 19 based on the law in effect at the
time its services are rendered and to comply with any amendments to those laws for all
services rendered after the effective date of any such amendments.
[THIS SPACE INTENTIONAllY LEFT BLANK] .
.-"
-.
34
-
IN WITNESS WHEREOF, CITY and DESIGN BUILDER have signed this
Agreement in triplicate. One counterpart each has been delivered to CITY and
DESIGN BUILDER.
ATTEST:
CITY OF AVENTURA, FLORIDA
Teresa M. Soroka, MMC
City Clerk
Eric M. Soroka, City Manager, ICMA-CM
APPROVED AS TO FORM:
City Attorney
KAUFMAN LYNN, INC., GENERAL
CONTRACTORS
,....-...'
By:
Michael Kaufman
PRESIDENT
WITNESSES:
Print Name
Print Name
ATTEST:
.~-
SECRETARY
35
~ KL
KAIWMAN LYNN 622 Bonyan Troll, SuIte 300 .' Boca Roten.. FL, 33431
(:1';NF.Il>>.l. c.\'I"'ftl"crnn~ PH: 561..361.6700 / FX: 561.S61.6979
Exhibit A
Aventura Charter School Classroom Addition
Design Build 100% CD Estimate
January 7, 2009
Division Description Cost Cost/SF % Of Total
Division 1 General Conditions $ 389.954 $ 39.91 18.58%
Division 2 Site Construction $ 201.745 $ 20.65 9.61%
Division 3 Concrete, CMU & Precast Joists $ 321 ,394 $ 32.90 15.31%
Division 4 Masonry (In Div 3) L-: 0.00%
Division 5 Metals $ 31 ,830 $ 3.26 1.52%
Division 6 Wood and Plastics $ 17.060 $ 1.75 0.81%
Division 7 Thermal & Moisture Prot. $ 57.980 $ 5.93 2.76%
Division 8 Doors & Windows $ 90.608 $ 9.27 4.32%
Division 9 Finishes $ 209.240 $ 21.42 9.97%
Division 10 Fire Extinguishers $ 600 $ 0.06 0.03%
-~
Division 11 Equipment L-: 0.00%
Division 12 Furnishings L.....: 0.00%
Division 13 Special Construction L-: 0.00%
Division 14 Conveying Systems L-: 0.00%
Division 15 Mechanical $ 236.450 $ 24.20 11.26%
Division 16 Electrical $ 117,905 $ 12.07 5.62%
General Contractor Fee $ 172.541 $ 17.66 8.22%
Architectural I Design Fees $ 211.971 $ 21.70 10.10%
Performance & Payment Bond $ 25.250 $ 2.58 1.20%
General Liability Insurance $ 12.393 $ 1.27 0.59%
Builders Risk Insurance $ 13.000 $ 1.33 0.62%
Contingency $ L.....: 0.00%
Probable TAX Recovery $ (10.921) $ (1.12) -0.52%
9.770
Total Two Building Scheme - Option 1 $ 2.099.000 $ 214.84 100.00%
Alternate Add Items
1 Add Intercom/Clock! Systemby NOR Corporation (connect to existing) $ 21,230
L..lI..O'...., )~tlo"'lli ~
,-.fMI1'\rr:'d M..~r .~
\'f\vw.ko ufmOr'lJ "nn.cOM
,...-
Page 1 of2
~
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.-. ~
,,:~.;;_..?
"_.;.~r~~~..-..
Aventura Charter School Classroom Addition
Exhibit B
Kaufinan Lynn Inc., General Contractors CGC 021732
January 6, 2009
Sheets Nos
Plan Date
AO.OO
AO.Ol
loft
C 1 of2
C 2 of2
AO.lO
A0.30
A0.31
DAl.OO
DA2.01
DA2.02
Al.OO
AI.OI
LSOO
LSO.01
LS2.01A
LS2.0lB
LS2.02A
L82.02B
A2.01
A2.02
A2.03
A3.0I
A3.02
A6.00
A7.00
A7.50
A7.51
A8.00
A9.01
A9.02
A9.30
Sl.O
S2.0
82.1
82.2
82.3
83.0
83.1
83.2
November 21, 2008
November 21. 2008
October 17 2008
November 21, 2008
November 21, 2008
November 21,2008
November 21.2008
November 21, 2008
November 21,2008
November21 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November21 2008
November 21,2008
November 21 2008
November 21, 2008
November 21, 2008
November 21 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21,2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21, 2008
November 21. 2008
November 21, 2008
November 21, 2008
November 21. 2008
November 21, 2008
November 21,2008
November 21,2008
Kaufman Lynn, Inc_ General Contractors GCG021732
KL
,-
,- ----.
'~i
"-.--:~\~1~..- ~
A ventura Charter School Classroom Addition
Exhibit B
Kaufinan Lynn Inc., General Contractors CGC 021732
January 6,2009
Sheets Nos Plan Date
83.3 November 21,2008
84.0 November 21,2008
84.1 November 21,2008
84.2 November 21,2008
MO-l November 21, 2008
MO-2 November 21,2008
MI-l November 21, 2008
MI-2 November 21, 2008
MI-3 November 21,2008
M2-1 November 21, 2008
M2-2 November 21 2008
M3-1 November 21,2008
POol November 21,2008
Pl-l November 21, 2008
PI-2 November 21,2008
EO-l November 21 2008
E1-1 November 21, 2008
El-2 November 21,2008
EI-3 November 21 2008
E2-1 November 21,2008
E2-2 November 21 2008
E2-3 November 21,2008
E3-1 November 21, 2008
E3-2 November 21, 2008
E3-3 November 21,2008
E4-1 November 21, 2008
E4-2 November 21. 2008
E4-3 November 21,2008
84-4 November 21, 2008
E5-1 November 21,2008
E5-2 November 21 2008
.~
Page 2 of2
Kaufman lynn, Inc. General Contractors GCG021732
KL
-
Aventura Charter School
Classroom Addition Project
_ EXHI~tL_~_
November 21, 2008
,
100% CO SPECIFICATIONS
I DivisionSection Title
DMSION 0 - SITE INFORMATION
00001 GEOTECHNICAL REPORT
DIVISION 1 - GENERAL REQUIREMENTS
01010 SUMMARY OF WORK
01039 PROJECT MANAGEMENT AND COORDINATION
01045 CUTTING AND PATCHING
01060 REGULATORY REQUIREMENTS
01120 AL TERA nON PROJECT PROCEDURES
01300 SUBMITTALS PROCEDURES
01350 CAD FILE TRANSFER POLICY
01400 QUALITY CONTROL
01410 TESTING LABORATORY SERVICES
01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
01540 SECURITY BARRIERS AND ENCLOSURES
01560 TEMPORARY CONTROLS
01600 MATERIAL EQUIPMENT AND APPROVED EQUALS
01650 STARTING AND ADJUSTING SYSTEMS
01700 CONTRACT CLOSEOUT
01730 OPERATION AND MAINTENANCE DATA
01740 WARRANTIES
...-.. -:',-
DMSION 2 - SITE CONSTRUCTION
j
. 02060
02070
02110
02200
02280
02400
02520
02831
02938
02950
BUILDING DEMOLITION
SELECTIVE DEMOLITION
SITE CLEARING
EARTH MOVING
TERMITE CONTROL
ASPHALT PAVING
CONCRETE PAVING
CHAIN LINK FENCING AND GATES
SODDING
TREES, PLANTS, AND GROUND COVER
DIVISION 3 - CONCRETE
03200 CONCRETE REINFORCEMENT
03300 CAST-tN-PLACE CONCRETE
03341 FIBROUS CONCRETE REINFORCING
03346 CONCRETE FLOOR FINISHING
03411 STRUCTIJRAL PRECAST CONCRETE
-"
~~
PGAL Project No.: 714.08019
Aventura Charter School
Classroom Addition Project
,-
DIVISION 4 - MASONRY
04100 MASONRY MORTAR AND GROUT
04300 MASONRY UNIT
DIVISION 5 - METALS
05120 STRUCTURAL STEEL
05210 STEEL JOISTS AND JOIST GIRDERS
05310 STEEL DECK
05400 COLD FORMED METAL FRAMING
05805 EXPANSION JOINT COVER ASSEMBLIES
DIVISION 6 - WOOD AND PLASTICS
06100 ROUGH CARPENTRY
06410 CUSTOM CASEWORK
DMSION 7 - THERMAL AND MOISTURE PROTECTION
07135 SHEET MEMBRANE WATERPROOFING
07160 BITUMINOUS DAMPPROOFING
07181 WATER REPELLENT PENETRANT
07191 VAPOR RETARDERS
07212 EXTRUDED POLYSTYRENE BOARD INSULATION
07213 BATT INSULATION
07536 MODIFIED BITUMEN ROOFING SYSTEM
07620 FLASHING, GUTTERS, DOWNSPOUTS AND OTHER ACCESSORIES
07840 FIRE STOP SYSTEMS
07900 JOINT SEALANTS
DIVISION 8 - DOORS AND WINDOWS
08110 METAL DOORS AND FRAMES
08210 WOOD DOORS
08305 ACCESS DOORS AND FRAMES
08520 ALUMINUM WINDOWS
08710 DOOR HARDWARE
08800 GLAZING
DIVISION 9 - FINISHES
09111 NON-STRUCTURAL METAL STUD FRAMING
09210 GYPSUM VENEER PLASTER
09250 GYPSUM BOARD SYSTEMS
09511 ACOUSTICAL CEILINGS
09650 RESILIENT FLOORING
09900 PAINTING
DIVISION 10 - SPECIALTIES
10100 MARKER BOARDS AND TACK BOARDS
10260 DOOR AND WALL PROTECTION
10441 SIGNAGE
10522 FIRE PROTECTION SPECIALTIES
10532 WALKWAY COVERINGS
DIVISION 11 - EQUIPMENT
11131 PROJECTION SCREENS
DIVISION 12 - FURNISHINGS
12500 VERTICAL LOUVER BLINDS
-
PGAL Project No.: 714.08019
November 21, 2008
Aventura Charter School
Classroom Addition Project
",'~
SECTION #
SECTION 15000
SECTION 15140
SECTION 15170
SECTION 15190
SECTION 15260
SECTION 15290
SECTION 15411
SECTION 15412
SECTION 15420
SECTION 15430
SECTION 15440
SECTION 15535
SECTION 15765
SECTION 15855
SECTION 15885
SECTION 15890
SECTION 15895
SECTION 15930
SECTION 15936
SECTION 15990
.--
SECTION 15991
,...--...
714.08019
JLRD Project No. 108056
November 21, 2008
INDEX OF SPECIFICATIONS
DIVISION 15
TITLE
GENERAL PROVISIONS
SUPPORTS. BASES, AND ANCHORS
MOTORS
MECHANICAL IDENTIFICATION
PIPING INSULATION
DUCTWORK INSULATION
POTABLE WATER SYSTEMS
SOIL AND WASTE SYSTEMS
PLUMBING PIPING
PLUMBING SPECIALTIES
PLUMBING FIXTURES AND ACCESSORIES
REFRIGERATION PIPING SPECIALTIES
VARIABLE FREQUENCY DRIVE UNITS
AIR HANDLING UNITS
AIR FILTERS
DUCTWORK
DUCTWORK ACCESSORIES
VARIABLE AIR VOLUME TERMINAL BOXES
GRILLES, REGISTERS, DIFFUSERS
START-UP REQUIREMENTS FOR HEATING, VENTILATING & AIR
CONDITIONING (HVAC) SYSTEMS
TESTING, ADJUSTING AND BALANCING (TAB) OF HEATING,
VENTILATING & AIR CONDITIONING (HVAC) SYSTEMS
Table of Contents
Aventura Charter School
Classroom Addition Project
>-t~
SECTION #
SECTION 16010
SECTION 16020
SECTION 16025
SECTION 16050
SECTION 16111
SECTION 16123
SECTION 16130
SECTION 16141
SECTION 16160
SECTION 16180
SECTION 16190
SECTION 16195
SECTION 16440
SECTION 16450
SECTION 16470
SECTION 16476
SECTION 16477
SECTION 16480
SECTION 16485
SECTION 16510
SECTION 16535
SECTION 16610
SECTION 16721
SECTION 16725
SECTION 16740
SECTION 16780
SECTION 16902
SECTION 16950
-
714.08019
JLRD Project No. 108056
November 21, 2008
DIVISION 16 - ELECTRICAL
TITLE
BASIC ELECTRICAL REQUIREMENTS
WORK INCLUDED
CODES, FEES AND STANDARDS
BASIC MATERIALS AND METHODS
CONDUIT
BUILDING WIRE AND CABLE
BOXES
WIRING DEVICES
CABINETS AND ENCLOSURES
EQUIPMENT WIRING SYSTEMS
SUPPORTING DEVICES
ELECTRICAllDENTIFICA TlON
DISCONNECT SWITCHES
GROUNDING .
PANElBOARDS
ENCLOSED CIRCUIT BREAKERS
FUSES (600 VOLT & BElOW)
MOTOR CONTROLS
CONTACTORS
INTERIOR LUMINAIRES
EMERGENCY LIGHTING EQUIPMENT
TRANSIENT VOLTAGE SURGE SUPPRESSION
FIRE ALARM AND SMOKE DETECTION SYSTEMS
SECURITY RACEWAY SYSTEM
TELECOMMUNICATIONS DISTRIBUTION RACEWAY SYSTEM
BUILDING MANAGEMENT RACEWAY SYSTEM
ELECTRIC CONTROLS AND RELAYS
TESTING
Table of Contents
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KJ\{;nlAN LYNN
f,f;Nr.Jr>.I. fXf'il'llA(:l'ftll~
622 Banyan T(o", Sulie 300., BocoRotorl ,. FL, 33431
PH: 561.301.6700.' FX: 561.361.6979
Exhibit D
Design Build School Classroom Addition
For
A ventura City of Excellence School
A ventura, Florida
January 6, 2009
Qualifications and Clarifications
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Contract Documents and Precedence - Below is the complete list of contract
documents which combined make up the entire contract. The documents are listed in
order of precedence. If there is a conflict between documents this list shall be used to
govern precedence.
1. Clarifications and Assumptions, "Exhibit D" dated January 6, 2009
2. Estimate Summary, "Exhibit A" dated January 6, 2009
3. List of Project Plan Documents, ''Exhibit B" dated January 6, 2009
4. Project Specifications Manual, "Exhibit B" dated January 6, 2009
5. Contract Agreement
General Qualifications:
1. This cost estimate is based on the attached plan document listing
Titled: Aventura Charter School Classroom Addition dated January 6, 2009
together with the qualifications and clarifications as listed below.
2. Lwnp Sum Price is based on Gross Square Footage sizes noted in the "Exhibit B"
plan documents list and as agreed to by the City of A ventura.
Specific Inclusions:
1. Fees for Professional Design Services for:
. Architecture - Design & Construction Documents
. Structural - Design & Construction Documents
. Civil - Design & Construction Documents
· Mechanical - Design & Construction Documents
. Electrical - Design & Construction Documents
. Landscape - Design & Construction Documents
. Pre construction Services
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2. Performance and Payment Bonds.
3. The base premhun for Builder's Risk Insurance has been included. The premium
included herein is limited to the cost and scope of work presented under this
proposal therefore it dose not anticipate extended coverage of any kind for any of
the existing buildings on campus.
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Specific Exclusions:
1. Permit fees, impact, assessment fees, or any deposits paid to any utility authority
are to be paid for by the Owner.
2. Special and threshold inspections are not included and are to be paid for by the
Owner.
3. Material testing is not included and is to be paid for by the Owner.
If this service is to be provided herein please add an allowance $9.800.00
4. Inspections, handling, or disposal of asbestos or any other hazardous material is
not included.
5. The cost of the Builder's Risk deductible is not included and is to be paid for by
the Owner.
6. Unforeseen underground conditions, including but not limited to soils type and
utility relocations that could not have been visually inspected and anticipated are
not included.
7. Elevators of lifts of any type.
8. Cost of utilities after the setting of testing or permanent meters for same.
9. Installation of any new primary power service. It is assumed that the existing
electrical systems within the closest existing classroom building to the new
proposed building (s) are sufficient to provide adequate power for the connection
and operation of the new addition (s).
10. Fire sprinkler service of any type. The existing campus in not currently being
serviced with fire protection systems therefore it is assumed that the new facilities
will not be serviced.
11. Liability for the structural components of the existing buildings should Option I
of this proposal is considered or selected. It is assumed that the existing
structure(s) are sufficient to withstand the connections and possible wind loads as
may be anticipated with this option.
12. Wire Mesh under exterior stucco has not been included at this time
13. PVC stucco accessories for exterior stucco have been included in lieu of zinc
14. Owner FFE:
· Office Equipment of any type
· Audio Visual Equipment of any type or the installation / connections of
same
· Food Service Equipment of any type
· Caulk / Tack / Marker Boards or Installation
· Special Fume Hoods or Ventilation Systems
· Desks or Chairs of any type
· Security Systems or special card reader entry systems
· Rugs or floor mats
. Artwork
· Signage or Signage systems of any type
· Site furnishings of any type
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Exhibit E
A ventura Charter School Classroom Addition
Kaufman Lynn, Inc. General Contractors CGC 021732
January 8, 2009
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Kaufman Lvnn Inc.. Labor Rates Applicable to this Cost Estimate I Contract
Title
Project Executive
Senior Project Manager
Project Manager
Assistant Project Manager
Project Engineer
Superintendent
Asst. Superintendent
Project Coordinator
Project Accountant
Accounting
Rate I Calendar
Week
$ 552.00
$ 4,777.00
$ 3,145.96
$ 1,821.35
$ 1,821.35
$ 3,576.46
$ 3,576.46
$ 1,821.35
$ 1,821.35
$ 1,821.35
Chief Estimator
Estimator
Estimating Clerk
$
$
$
4,414.28
2,086.27
960.35
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_ The Parties acknowledge that the above rates are the agreed upon rates.
1/812009
KL