Resolution No. 2024-68 Island Construction Group Agreement for Construction for Government Center Mezzanine Deck - October 1, 2024 CITY OF AVENTURA RESOLUTION NO. 2024-68
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RATIFYING A CONSTRUCTION AGREEMENT
WITH ISLAND CONSTRUCTION GROUP, INC. TO REPLACE THE
MEZZANINE DECK AT THE GOVERNMENT CENTER; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the mezzanine level deck at the Government Center has been facing
ongoing water instruction, making some Police Department spaces uninhabitable; and
WHEREAS, Island Construction Group, Inc. ("Island Construction") has performed
much of the highly technical forensic testing and repair work to the building; and
WHEREAS, if the City were to solicit bids for this project, the contract might not
be awarded until after January 1 , 2025, resulting in a loss of ARPA funding to complete
this complex project; and
WHEREAS, Island Construction has significant experience in the type of building
reconstruction necessary to replace the mezzanine level deck; and
WHEREAS, in accordance with City Charter Section 3.10 and City Code Section
2-256, the City Commission finds that it is impracticable to award the agreement by first
seeking competitive bids or proposals, thus enabling the City Commission to waive the
formal competitive bidding for this construction project and enter into an agreement with
Island Construction; and
WHEREAS, given the ongoing water intrusion into offices located in the building,
constituting a potential safety hazard, the City Commission authorized the City Manager
to take the necessary steps to secure a contract with Island Construction at the
September 191h Commission Workshop; and
WHEREAS, the City Commission finds that it is in the best interest and welfare of
the residents to ratify the construction agreement with Island Construction to undertake
the replacement of a mezzanine level deck at the Government Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Ratification. That the City Commission hereby ratifies the actions
City of Aventura Resolution No. 2024-68
taken by the City Manager to enter into an agreement with Island Group for this project,
a copy of the agreement which is attached hereto as Exhibit "A".
Section 3. Implementation. That the City Manager is authorized to do all other
things necessary to implement the aims of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner Friedland, who moved its
adoption. The motion was seconded by Commissioner Bloom, and upon being put to a
vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Paul A. Kruss Yes
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
PASSED AND ADOPTED this 1st day of October, 2024.
•
• OWARD S. WEINBER4E .
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this
day of , 2024 (the "Effective Date") by and between the CITY OF AVENTURA,
FLORIDA, a Florida municipal corporation, (the "City"), and ISLAND CONSTRUCTION
GROUP,INC., a Florida Corporation (the"Contractor").
WHEREAS, the City desires to complete the mezzanine level deck replacement at the
government center building (the"Project"); and
WHEREAS, on October 17a' , 2024, the City Commission adopted Resolution No. 2024-
ratifying the City' Manager decision to select the Contractor's bid for the Project and
authorizing the City Manager to negotiate and execute a contract with the Contractor for construction
of the Project; and
WHEREAS, Contractor has represented to the City that it possesses the necessary
qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide
the Work on the terms and conditions set forth in this Contract.
NOW,THEREFORE,the parties hereto do hereby agree as follows:
1. SCOPE OF WORK
I.I. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the work described in the Contract Documents (the
"World" or the "Project") including, without limitation as described in the approved plans,
drawings and/or specifications to be prepared by HPF Associates, Inc. (the "City's Project
Consultant") dated August 26, 2024 (the "Plans"), the Contractor's Bid attached hereto as
Exhibit "A", and any other documents incorporated herein by reference and made a part of
this Contract for the following Project:
THE GOVERMENT CENTER
MEZZANINE LEVEL DECK REPLACEMENT
2. CONTRACT TIME
2.1. Contractor shall be instructed to commence the Work by written instructions in the form of
a Notice to Proceed providing a commencement date and issued by the City Manager or
designee. The Notice to Proceed will not be issued until Contractor's submission to City of
all required documents and after execution of this Contract.
2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work
with faithfulness and diligence and the Work shall be substantially completed within one
hundred twenty (120) calendar days from the date specified in the Notice to Proceed
("Contract Time"). Substantial Completion shall be defined for this purpose as the date on
which City receives beneficial use of the Project. The Work shall be fully completed in
accordance with the Contract Documents within sixty (150) calendar days from the
Page 1 of 25
date specified in the Notice to Proceed ("Final Completion Time"). The Final
Completion date is defined as the date determined by the City when all Work, including
punch list items, has been completed in accordance with the Contract Documents and
Contractor has delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work within the Contract Time,
Contractor shall pay to City the sum of Three Hundred Dollars ($300.00) for each calendar
day after the expiration of the Contract Time that the Contractor fails to achieve Substantial
Completion up until the date that the Contractor achieves Substantial Completion. Upon
failure of Contractor to fully complete the Work and achieve Final Completion within the
Final Completion Time, Contractor shall pay to City the sum of Two Hundred Dollars
$200.00 for each calendar day after expiration of the Final Completion Time that the
Contractor fails to achieve Final Completion up until the date that the Contractor achieves
Final Completion. These amounts are not penalties but are liquidated damages payable by
Contractor to City for the failure to provide full beneficial occupancy and use of the Project
as required. Liquidated damages are hereby fixed and agreed upon between the parties who
hereby acknowledge the difficulty of determining the amount of damages that will be
sustained by City as a consequence of Contractor's delay and failure of Contractor to
complete the Work on time. The above-stated liquidated damages shall apply separately to
each phase of the Project for which a time for completion is given.
2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the
Work under this Contract. In case the liquidated damage amount due to City by Contractor
exceeds monies due Contractor from City, Contractor shall be liable and shall immediately
upon demand by City pay to City the amount of said excess.
3. CONTRACT PRICE
3.1. City shall pay to Contractor for the performance of the Work an amount not to exceed
$1,976,317 in accordance with the line items and unit prices included in the Contractor's
Proposal and Schedule of Bid Items (Pricing), attached hereto as Exhibit "A." This sum
("Contract Price")shall be full compensation for all services,labor,materials,equipment and
costs, including overhead and profit, associated with completion of all the Work in full
conformity with the Contract Documents and adjusted only by written change orders signed
by both parties and approved as required by local law. The Contract Price shall include all
applicable sales taxes as required by law.
3.2. City shall make progress payments, deducting the amount from the Contract Price above
on the basis of Contractor's Applications for Payment on or before twenty (20) days after
receipt of the Pay Application. Rejection of a Pay Application by the City shall be within
twenty (20) days after receipt of the Pay Application. Any rejection shall specify the
applicable deficiency and necessary corrective action. Any undisputed portion shall be
paid as specified above. All such payments will be made in accordance with the Schedule
of Values established in the Contract Documents or, in the event there is no Schedule of
Values, as otherwise provided in the Contract Documents. In the event the Contract
Documents do not provide a Schedule of Values or other payment schedule,Applications
for Payment shall be submitted monthly by Contractor on or before the 101'of each month
Page 2 of 25
for the prior month. Progress payments shall be made in an amount equal to the percentage
of Work completed as determined by the City or City's Project Consultant, but, in each
case, less the aggregate of payments previously made and less such amounts as City shall
determine or City may withhold taking into account the aggregate of payments made and
the percentage of Project completion in accordance with the Contract Documents and
Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount
due for each progress payment or Pay Application (the "Retainage") shall be retained by
City until final completion and acceptance of the Work by City. In the event there is a
dispute between Contractor and City concerning a Pay Application, dispute resolution
procedures shall be conducted by City commencing within 45 days of receipt of the
disputed Payment Application. The City shall reach a conclusion within 15 days thereafter
and promptly notify Contractor of the outcome, including payment, if applicable.
3.3. Each Pay Application shall include an affidavit or partial release or waiver of lien by
Contractor indicating that partial payments received from the City for the Work have been
applied by Contractor to discharge in full all of Contractor's obligations, including
payments to subcontractors and material suppliers.
3.4. The payment of any Application for Payment by the City, including the final request for
payment, does not constitute approval or acceptance by the City of any item of the Work
reflected in such Application for Payment,nor shall it be construed as a waiver of any of
the City 's rights hereunder or at law or in equity.
3.5. Upon Final Completion of the Work by Contractor in accordance with the Contract
Documents and acceptance by the City, and upon receipt of consent by any surety, City
shall pay the remainder of the Contract Price (including Retainage) as recommended by
the City's Project Consultant and Building Official. Final payment is contingent upon
receipt by City from Contractor of at least one complete set of as-built plans,reflecting an
accurate depiction of Contractor's Work.
3.6. This Contract is subject to the conditions precedent that: (i) City funds are available and
budgeted for the Contract Price; (ii) the City secures and obtains any necessary grants or
loans for the accomplishment of this Project pursuant to any borrowing legislation adopted
by the City Commission relative to the Project; and(iii) City Commission enacts legislation
which awards and authorizes the execution of this Contract,if such is required.
4. CONTRACT DOCUMENTS
4.1. The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Construction (including any
change orders and amendments thereto), the Plans and Specifications, the Technical
Specifications, any Bidding Documents or procurement documents for the Project, the
Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing), the Bonds
(defined herein), Insurance Certificates,the Notice of Award, and the Notice to Proceed, all
of which are deemed incorporated into and made a part of this Contract by this reference and
govern this Project. In the event of any conflict among the foregoing, the documents shall
govern in the order listed herein. Contractor is reminded and hereby recognizes that all Work
Page 3 of 25
under this Contract must comply with all applicable federal, state and local law. Any
mandatory clauses which are required by applicable law shall be deemed to be incorporated
herein.
4.2. This Contract incorporates and includes all prior negotiations, correspondence,
conversations,agreements, or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of these Contract Documents that are not contained herein. Accordingly,
it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements,whether oral or written.
4.3. The Contract Documents shall remain the property of the City. The Contractor shall have
the right to keep one record set of the Contract Documents upon completion of the Project;
however in no circumstances shall the Contractor use,or permit to be used, any or all of such
Contract Documents on other projects without the City's prior written authorization.
5. INDEMNIFICATION
5.1. Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action,judgment or damages,including legal fees and costs and through appeal, arising
out of or, related to, or in any way connected with Contractor's performance or non-
performance of this Contract or with Contractor's obligations or the Work related to the
Contract,including by reason of any damage to property,or bodily injury or death incurred
or sustained by any party. Contractor shall defend, indemnify, and hold the City harmless
from all losses, injuries or damages and wages or overtime compensation due its
employees in rendering services pursuant to this Contract, including payment of
reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor
Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, the Americans with Disabilities Act or any employment related
litigation or worker's compensation claims under federal or state law. The provisions of
this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance
6.1.1. Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amounts not less than those specified below as
satisfactory to the City, naming the City as an Additional Insured, underwritten by a
firm rated A-X or better by Bests Rating and qualified to do business in the State of
Florida. Certificates of Insurance shall be provided to the City, reflecting the City as
an Additional Insured, no later than ten (10) days after award of this Contract and
prior to the execution of this Contract by City and prior to commencing any Work.
Each certificate shall include no less than (30) thirty-day advance written notice to
City prior to cancellation, termination, or material alteration of said policies or
insurance.The insurance coverage shall be primary insurance with respect to the City,
Page 4 of 25
its officials, employees, agents and volunteers naming the City as additional insured.
Any insurance maintained by the City shall be in excess of the Contractor's insurance
and shall not contribute to the Contractor's insurance. The insurance coverages shall
include at a minimum the amounts set forth in this Section 6.1.
6.1.1.1. Commercial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occurrence combined single limit for Bodily Injury and
Property Damage. This Liability Insurance shall also include Completed
Operations and Product Liability coverages and eliminate the exclusion with
respect to property under the care,custody and control of Contractor. The General
Aggregate Liability limit (except for Products/Completed Operations) shall be in
the amount of$2,000,000.
6.1.1.2. Workers Compensation and Employer's Liability insurance,to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of the
Contractor shall be allowed to provide Work pursuant to this Contract who is
not covered by Worker's Compensation insurance.
6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include Owned, Hired, and
Non-Owned Vehicles.
6.1.1.4. Builder's Risk property insurance upon the entire Work to the full
replacement cost value thereof. This insurance shall include the interest of City
and Contractor and shall provide All-Risk coverage against loss by physical
damage including, but not limited to, Fire, Extended Coverage, Theft,
Vandalism and Malicious Mischief.
6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any
portion of the Work damaged, destroyed, lost or stolen until Final Completion
has been achieved for the Project, and all such Work shall be fully restored by
the Contractor, at its sole cost and expense, in accordance with the Contract
Documents.
6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required
policies. The Contractor shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of
this Contract, including any extensions or renewals that may be granted by the City.
The Certificates of Insurance shall not only name the types of policy(ies) provided,
but also shall refer specifically to this Contract and shall state that such insurance is
as required by this Contract. The City reserves the right to inspect and return a
Page 5 of 25
certified copy of such policies,upon written request by the City. If a policy is due to
expire prior to the completion of the Work,renewal Certificates of Insurance shall be
furnished thirty (30) calendar days prior to the date of their policy expiration. Each
policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the City before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the City.
6.1.2.1. Additional Insured. The City is to be specifically included as an
Additional Insured for the liability of the City resulting from Work performed
by or on behalf of the Contractor in performance of this Contract. The
Contractor's insurance, including that applicable to the City as an Additional
Insured, shall apply on a primary basis and any other insurance maintained by
the City shall be in excess of and shall not contribute to the Contractor's
insurance. The Contractor's insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the City. The Contractor shall be responsible
for the payment of any deductible or self-insured retentions in the event of any
claim.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. If required by the City, prior to performing any portion of the Work and within
three (3) days of the Effective Date hereof, the Contractor shall deliver to City the Bonds
required to be provided by Contractor hereunder (the bonds referenced in this Section are
collectively referred to herein as the"Bonds"). Pursuant to and in accordance with Section
255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the
performance of the Work maintain a separate performance bond and labor and material
payment bond for the Work, each in an amount equal to one hundred percent (100%) of
the Contract Price and each in the form provided in the Contract Documents or in other
form satisfactory to and approved in writing by City and executed by a surety of
recognized standing with a rating of B plus or better for bonds up to Two Million
Dollars. The surety providing such Bonds must be licensed, authorized and admitted to
do business in the State of Florida and must be listed in the Federal Register (Dept. of
Treasury, Circular 570). The cost of the premiums for such Bonds is included in the
Contract Price. If notice of any change affecting the Scope of the Work, the Contract
Price, Contract Time or any of the provisions of the Contract Documents is required by
the provisions of any bond to be given to a surety, the giving of any such notice shall be
Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the
Contractor shall,within five (5)days of any such event, substitute another bond(or Bonds
as applicable) and surety, all of which must be satisfactory to City.
Page 6 of 25
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1.1. Contractor represents the following:
7.1.1.1. Contractor has examined and carefully studied the Contract Documents and
the other data identified in the bidding documents,including,without limitation,
the "technical data" and plans and specifications and the Plans.
7.1.1.2. Contractor has visited the Project site and become familiar with and is
satisfied as to the general and local conditions and site conditions that may affect
cost,progress,performance or furnishing of the Work.
7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local
laws, regulations and permits that may affect cost, progress, performance and
furnishing of the Work. Contractor agrees that it will at all times comply with
all requirements of the foregoing laws,regulations and permits.
7.1.1.4. Contractor has made, or caused to be made, examinations, investigations,
tests and/or studies as necessary to determine surface and subsurface conditions
at or on the site. Contractor acknowledges that the City does not assume
responsibility for the accuracy or completeness of information and data shown
or indicated in the Contract Documents with respect to underground or ground
facilities at, contiguous or near the site or for existing improvements at or near
the site. Contractor has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and underground facilities and improvements)
at, contiguous or near to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction to be
employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and
furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
7.1.1.5. Contractor is aware of the general nature of Work to be performed by the
City and others at the site that relates to the Work as indicated in the Contract
Documents.
7.1.1.6. Contractor has correlated the information known to Contractor,information
and observations obtained from visits to the site,reports and drawings identified
in the Contract Documents and all additional examinations, investigations,
explorations,tests, studies and data with the Contract Documents.
Page 7 of 25
7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities
or discrepancies that Contractor has discovered in the Contract Documents and
the written resolution thereof by City is acceptable to Contactor, and the
Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite
qualifications and skills to perform the Work and that the Work shall be executed
in a good and workmanlike manner,free from defects,and that all materials shall
be new and approved by or acceptable to City, except as otherwise expressly
provided for in the Contract Documents. The Contractor shall cause all
materials and other parts of the Work to be readily available as and when
required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7.1.2. Contractor warrants the following:
7.1.2.1. Anti-Discrimination: Contractor agrees that it will not discriminate against
any employees or applicants for employment or against persons for any other
benefit or service under this Contract because of race, color, religion, sex,
national origin, or physical or mental handicap where the handicap does not
affect the ability of an individual to perform in a position of employment, and
agrees to abide by all federal and state laws regarding non-discrimination.
7.1.2.2. Anti-Kickback: Contractor warrants that no person has been employed or
retained to solicit or secure this Contract upon an agreement or understanding
for a commission,percentage,brokerage or contingent fee,and that no employee
or officer of the City has any interest, financially or otherwise, in the Project.
For breach or violation of this warranty, the City shall have the right to annul
this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
7.1.2.3. Licensing and Permits: Contractor warrants that it shall have, prior to
commencement of Work under this Contract and at all times during said Work,
all required licenses and permits whether federal, state, County or City.
Contractor acknowledges that it is the obligation of Contractor to obtain all
licenses and permits required for this Project, including City building permits.
If permits are required by any other governing body or agency, the Contractor
shall be obligated to pay the fees.
8. DEFAULT AND TERMINATION
8.1. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall
Page 8 of 25
perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall
discontinue the prosecution of the Work pursuant to the accepted schedule or if the
Contractor shall fail to perform any material term set forth in the Contract Documents or if
Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy
or insolvency, or shall make an assignment for the benefit of creditors, or from any other
cause whatsoever shall not carry on the Work in an acceptable manner,City may,upon seven
(7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site,provide for alternate prosecution of the
Work, appropriate or use any or all materials and equipment on the Project site as may be
suitable and acceptable, and may finish the Work by whatever methods it may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until
the Project is completed. All damages, costs and charges incurred by City,together with the
costs of completing the Project,shall be deducted from any monies due orwhich may become
due to Contractor. In case the damages and expenses so incurred by City shall exceed monies
due Contractor from City, Contractor shall be liable and shall pay to City the amount of said
excess promptly upon demand therefore by City. In the event it is adjudicated that City was
not entitled to terminate the Contract as described hereunder for default, the Contract shall
automatically be deemed terminated by City for convenience as described below.
8.2. This Contract may be terminated by the City for convenience upon seven (7) calendar
days' written notice to the Contractor. In the event of such a termination, the Contractor
shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be
compensated for all services performed to the satisfaction of the City. In such event, the
Contractor shall promptly submit to the City its Application for Payment for final payment
which shall comply with the provisions of the Contract Documents.
9. MISCELLANEOUS
9.1. No Assignment.Neither party shall assign the Contract or any sub-contract in whole or in
part without the written consent of the other,nor shall Contractor assign any monies due or
to become due to it hereunder,without the previous written consent of the City Manager.
9.2. Contractor's Responsibility for Damages and Accidents.
9.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of
any nature sustained until final acceptance by City and shall promptly repair any damage
done from any cause.
9.2.2. Contractor shall be responsible for all materials,equipment and supplies pertaining to
the Project. In the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed prior to final acceptance by City, Contractor shall replace same
without cost to City.
9.3. Defective Work.Warranty and Guarantee.
9.3.1. City shall have the authority to rejector disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective
Page 9 of 25
Work or remove such defective Work and replace it with non-defective Work.
Contractor shall bear all direct, indirect and consequential costs of such removal or
corrections including cost of testing laboratories and personnel.
9.3.2. Should Contractor fail or refuse to remove or correct any defective Work or to make
any necessary repairs in accordance with the requirements of the Contract Documents
within the time indicated in writing by the City or its designee, City shall have the
authority to cause the defective Work to be removed or corrected, or make such repairs
as may be necessary at Contractor's expense. Any expense incurred by City in making
such removals, corrections or repairs, shall be paid for out of any monies due or which
may become due to Contractor. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
9.3.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and
equipment furnished and Work performed for a period of one (1)year from the date of
Substantial Completion. If,within one (1)year after the date of substantial completion,
any of the Work is found to be defective or not in accordance with the Contract
Documents, Contractor, after receipt of written notice from City, shall promptly correct
such defective or nonconforming Work within the time specified by City without cost
to City. Should the manufacturer of any materials and equipment furnished provide for
a longer warranty, then the Contractor shall transfer such warranty to the City prior to
Final Completion. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects.
Contractor shall provide and assign to City all material and equipment warranties upon
completion of the Work hereunder.
9.3.4. Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered.
9.4. Legal Restrictions; Hours of Work; Traffic Provisions.
9.4.1. Contractor shall conform to and obey all applicable laws, regulations, or ordinances
with regard to labor employed, hours of Work and Contractor's general operations.
Contractor shall conduct its operations so as not to interfere with or close any
thoroughfare,without the written consent of the City or governing jurisdiction. Work is
anticipated to be performed Monday through Friday in accordance with the
requirements and limitations of applicable law including,without limitation,the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and
days provided above without the prior written approval of the City.
9.5. Examination and Retention of Contractor's Records.
9.5.1. The City or any of its duly authorized representatives shall, until three (3)years after
final payment under this Contract, have access to and the right to examine any of the
Contractor's books, ledgers, documents, papers, or other records involving transactions
related to this Contract for the purpose of making audit, examination, excerpts, and
Page 10 of 25
transcriptions. In addition, the Contractor agrees to comply specifically with the
provisions of Section 119.0701,Florida Statutes.
9.5.2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of
records.
9.5.3. The right to access and examination of records stated herein and in any subcontracts
shall survive termination or expiration of this Contract and continue until disposition of
any mediation,claims,litigation or appeals related to this Project.
9.5.4. The City may cancel and terminate this Contract immediately for refusal by the
Contractor to allow access by the City Manager or designees to any Records pertaining
to work performed under this Contact that are subject to the provisions of Chapter 119,
Florida Statutes.
9.6. No Damages for Delay.No claim for damages or any claim, other than for an extension of
time shall be made or asserted against City by reason of any delays. Contractor shall not be
entitled to an increase in the Contract Price or payment or compensation of any kind from
City for direct,indirect,consequential,impact or other costs,expenses or damages,including
but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only
to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
Notwithstanding the above Contractor may be granted an extension of time and suspension
of liquidated damages for any delay beyond the control of the Contractor. Should any delay,
disruption, interference or hindrance be intentionally caused by the City, for a continuous
period or cumulative period of thirty (30) days, the Contractor may terminate the Contract
upon seven(7)days written notice to the City.
9.7. Authorized Representative.
9.7.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative("Authorized Representative")acceptable to
City to represent and act for Contractor and shall inform City, in writing, of the name
and address of such representative together with a clear definition of the scope of his
authority to represent and act for Contractor. Contractor shall keep City informed of
any subsequent changes in the foregoing. Such representative shall be present or duly
represented at the Project site at all times when Work is actually in progress. All
notices, determinations, instructions and other communications given to the
authorized representatives of Contractor shall be binding upon the Contractor.
9.7.2. The Authorized Representative,project managers, superintendents and supervisors
for the Project are all subject to prior and continuous approval of the City. If, at any
time during the term of this Contract, any of the personnel either functionally or
nominally performing any of the positions named above,are,for any reasonable cause
Page 11 of 25
whatsoever, unacceptable to the City, Contractor shall replace the unacceptable
personnel with personnel acceptable to the City.
9.8. Taxes.Contractor shall pay all taxes, levies,duties and assessments of every nature which
may be applicable to any Work under this Contract. The Contract Price and any agreed
variations thereof shall include all taxes imposed by law at the time of this Contract.
Contractor shall make any and all payroll deductions required by law. Contractor herein
indemnifies and holds Owner harmless from any liability on account of any and all such
taxes, levies,duties and assessments.
9.9. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at
the Project to perform the Work and meet the requirements of this Contract. Such utilities
shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of
the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all
temporary utilities developed to meet the requirements of this Contract.
9.10. Safety. Contractor shall be fully and solely responsible for safety and conducting
all operations under this Contract at all times in such a manner as to avoid the risk of
bodily harm to persons and damage to property.Contractor shall continually and diligently
inspect all Work,materials and equipment to discover any conditions which might involve
such risks and shall be solely responsible for discovery and correction of any such
conditions. Contractor shall have sole responsibility for implementing its safety program.
City shall not be responsible for supervising the implementation of Contractor's safety
program, and shall not have responsibility for the safety of Contractor's or its
subcontractor's employees. Contractor shall maintain all portions of the Project site and
Work in a neat, clean and sanitary condition at all times. Contractor shall assure that
subcontractors performing Work comply with the foregoing safety requirements.
9.11. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a
neat, clean and safe condition. Upon completion of any portion of the Work, Contractor
shall promptly remove all of its equipment, construction materials, temporary structures
and surplus materials not to be used at or near the same location during later stages of
Work. Upon completion of the Work and before final payment is made, Contractor shall,
at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment
and materials belonging to it or used in the performance of the Work and Contractor shall
leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to
comply with the foregoing, the same may be accomplished by City at Contractor's
expense.
9.12. Rights and Remedies. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder and in accordance with this
Contract shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
9.13. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133,
Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby
incorporated herein by reference, including execution of any required affidavit.
Page 12 of 25
9.14. Capitalized Terms. Capitalized terms shall have their plain meaning as indicated
herein.
9.15. Independent Contractor. The Contractor is an independent contractor under the
Contract. This Contract does not create any partnership nor joint venture. Services provided
by the Contractor shall be by employees of the Contractor and subject to supervision by the
Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,purchasing policies
and other similar administrative procedures, applicable to services rendered under the
Contract shall be those of the Contractor.
9.16. Payment to Sub-Contractors; Certification of Payment to Subcontractors: The
term"subcontractor", as used herein,includes persons or firms furnishing labor,materials or
equipment incorporated into or to be incorporated into the Work or Project. The Contractor
is required to pay all subcontractors for satisfactory performance of their contracts as a
condition precedent to payment to Contractor by the City. The Contractor shall also return
all retainage withheld to the subcontractors within 30 days after the subcontractor's work is
satisfactorily complete and accepted by the City.
9.17. Liens.Contractor shall not permit any mechanic's, laborer's or materialmen's lien to
be filed against the Project site or any part thereof by reason of any Work, labor, services or
materials supplied or claimed to have been supplied to the Project. In the event such a lien
is found or claimed against the Project, Contractor shall within ten (10) days after notice
of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded
in the public records of Miami-Dade County, Florida, or cause such lien to be transferred
to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade
County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event
Contractor fails to so discharge or bond the lien or liens within such period as required
above, City shall thereafter have the right,but not the obligation,to discharge or bond the
lien or liens. Additionally, City shall thereafter have the right, but not the obligation, to
retain out of any payment then due or to become due Contractor, one hundred fifty percent
(150%) of the amount of the lien and to pay City 's reasonable attorneys' fees and costs
incurred in connection therewith.
9.18. Governing Law.This Contract shall be construed in accordance with and governed
by the laws of the State of Florida. Venue for any litigation arising out of this Contract
shall be proper exclusively in Miami-Dade County, Florida.
9.19. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT
PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR
COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION,
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION
OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
Page 13 of 25
9.20. Notices/Authorized Representatives. Any notices required by this Contract shall
be in writing and shall be deemed to have been properly given if transmitted by hand-
delivery, by registered or certified mail with postage prepaid return receipt requested, or
by a private postal service, addressed to the parties (or their successors) at the addresses
listed on the signature page of this Contract or such other address as the party may have
designated by proper notice.
9.21. Prevailing Party;Attorneys' Fees. In the event of any controversy,claim,dispute
or litigation between the parties arising from or relating to this Contract (including, but
not limited to, the enforcement of any indemnity provisions),the prevailing parry shall be
entitled to recover from the non-prevailing party all reasonable costs, expenses,
paralegals' fees, experts' fees and attorneys' fees including,but not limited to, court costs
and other expenses through all appellate levels.
9.22. Ownership and Access to Records and Audits.
9.22.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information,
and all similar or related information (whether patentable or not) which relate to
Services to the City which are conceived, developed or made by Contractor during
the term of this Contract ("Work Product") belong to the City. Contractor shall
promptly disclose such Work Product to the City and perform all actions reasonably
requested by the City (whether during or after the term of this Contract) to establish
and confirm such ownership (including, without limitation, assignments, powers of
attorney and other instruments).
9.22.2. Contractor agrees to keep and maintain public records in Contractor's possession
or control in connection with Contractor's performance under this Contract. The City
Manager or her designee shall, during the term of this Contract and for a period of
three (3) years from the date of termination of this Contract, have access to and the
right to examine and audit any records of the Contractor involving transactions related
to this Contract. Contractor additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Contract, and following completion of the Contract until the records are transferred
to the City.
9.22.3. Upon request from the City's custodian of public records, Contractor shall provide
the City with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
9.22.4. Unless otherwise provided by law, any and all records,including but not limited to
reports,surveys,and other data and documents provided or created in connection with
this Contract are and shall remain the property of the City.
Page 14 of 25
9.22.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract in the possession of the Contractor shall
be delivered by the Contractor to the City Manager, at no cost to the City, within
seven(7)days. All such records stored electronically by Contractor shall be delivered
to the City in a format that is compatible with the City's information technology
systems. Once the public records have been delivered upon completion or termination
of this Contract,the Contractor shall destroy any and all duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
9.22.6. Any compensation due to Contractor shall be withheld until all records are received
as provided herein.
9.22.7. Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Contract by the City.
9.22.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS: ELLISA L. HORVATH,
MMC, CITY CLERK, 19200 WEST COUNTRY CLUB DRIVE,
AVENTURA, FLORIDA 331809 305-466-89019
HORVATHE(i ,CITYOFAVENTURA.COM.
9.23. Conflicts; Order of Priority. This document without exhibits is referred to as the
"Base Agreement." In the event of a conflict between the terms of this Base Agreement
and any exhibits or attachments hereto, or any documents incorporated herein by
reference, the conflict shall be resolved in the following order of priorities and the more
stringent criteria for performance of the Work shall apply:
9.23.1. First Priority: Change Orders with later date taking precedence;
9.23.2. Second Priority: Sections 1 through 26 of this Base Agreement; and
9.23.3. Third Priority: Exhibit A.
10. SPECIAL CONDITIONS
10.1. The following provisions in this Section 10 supersede any other provisions
contained in this Contract only to the extent of any conflict with same. These provisions
are particular to a given transaction and are transaction specific:
10.2. Preliminary Steps.
Page 15 of 25
10.2.1. Pre-Construction Conference.Within fourteen(14)calendar days after this Contract
is executed by both parties, and before any Work has commenced, a pre-construction
conference will be held between the City, the Contractor, and the Project Consultant.
The Contractor must submit its project schedule and schedule of values, if applicable,
prior to this conference.
10.3. Proiect Schedule. Contractor must submit a proposed Project Schedule as follows:
10.3.1. Schedule must identify the schedule for each location comprising the Project. The
proposed Project schedule must be submitted within ten(10)calendar days from the date
this Contract is executed by both parties for the review and approval of the Project
Consultant or City as applicable. This initial schedule shall establish the baseline
schedule for the Project.
10.3.2. All updates of schedules must be tracked against the baseline schedule and must be at
a minimum submitted with each pay application. An updated schedule tracked against
the baseline must also be submitted upon execution of each CO that impacts the Contract
Time. Failure to submit such schedules will result in the rejection of any submitted
payment application.
10.3.3. All Project Schedules must be prepared in Microsoft Project 2007 or earlier unless
otherwise approved by the Project Consultant or City as applicable. At the time of
submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
10.3.4. In addition to the Project Schedule the Contractor must provide a two(2)week look-
ahead schedule that reflects the Work to be performed during the following two(2)week
period. The look-ahead schedule must be provided to the Project Consultant and City at
a regular frequency prior to the start of the two-week period. This schedule will, at a
minimum, include the area(s) where Work is to be performed and the Work to be
performed in the area(s).
10.4. Schedule of Values. The Contractor must submit two copies of schedule of values
within ten (10) calendar days from the date this Contract is executed by both parties. The
schedule of values shall indicate a complete breakdown of labor and material of all categories
of Work on the Project. Contractor's overhead and profit must be listed as separate line items.
Each line item must be identified with the number and title of the major specification section
or major components of the items. The Project Consultant or City as applicable may require
further breakdown after review of the Contractor's submittal. The City reserves the right to
require such information from the Contractor as may be necessary to determine the accuracy
of the schedule of values. The combined total value for mobilization under the Schedule of
Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values
must be incorporated into the Contractor's payment application form.
10.5. Construction Photographs. Prior to commencement of the Work the Contractor
must take digital photographs and color audio-video recording to document existing
conditions and submit copies in an acceptable format to the City. Contractor must submit
Page 16 of 25
with each application for payment photographs that accurately reflect the progress of all
aspects of the Work. The number of photographs to be taken will be based on the magnitude
of the Work being performed. Contractor must submit one copy of each photograph in print
and digitally. The photographs must be printed on 8" X 10" high resolution glossy
commercial grade and weight color photographic print paper or in a format acceptable to the
City.Each photograph must be imprinted on its face with the title of the Project,the date,and
time the picture was taken.Digital photographs must be taken using .jpeg format and will be
submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash drive
clearly identifying the name of the Project,the name of the Contractor,and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder
with each picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in
clear plastic sleeves that can be added to the binder. The three-ring binder must be of such
size to be able to hold all print pictures.
10.6. Staging Site.
10.6.1. The Contractor is solely responsible for making all arrangements for any staging
site(s) that may be necessary for the performance of the Work and the Contractor is
responsible for all site security, including any fencing of the site, and any loss, damage
or theft to its equipment and materials. Any fencing of the Staging Site is subject to the
prior written approval of the City.
10.6.2. The City at its sole discretion may make a staging site available for use by the
Contractor. If such site is made available by the City,the City assumes no responsibility
or liability for the equipment or materials stored on the site, and the Contractor will be
solely responsible for any loss, damage or theft to its equipment and materials. The
Contractor must restore the site to its pre-existing condition prior to the Contractor's use
of the site.
10.6.3. The Contractor may be required to provide or may choose to use an office trailer for
the duration of the Project. The Contractor must have the prior written approval of the
City as to the use of any office trailer and the placement location for the office trailer.
The Contractor must obtain all required permits from the appropriate regulatory
agencies.
10.6.4. Parking. No parking is permitted at a City provided staging site without the prior
written approval of the City.
10.7. Proiect Siwne. Contractor must furnish and install two (2) Project signs at the
Project Site in accordance with the requirements provided by the Project Consultant or the
City as applicable.
10.8. Royalties and Patents.All fees,royalties, and claims for any invention, or pretended
inventions, or patent of any article,material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the Work or appurtenances, are hereby
included in the prices stipulated in the Contract for said Work.
Page 17 of 25
10.9. Purchase and Delivery, Storage and Installation. All materials must be F.O.B.
delivered and included in the cost of the Work. The Contractor is solely responsible for the
purchase, delivery, off-loading and installation of all equipment and material(s). Contractor
must make all arrangement for delivery. Contractor is liable for replacing any damaged
equipment or material(s)and filing any and all claims with suppliers. All transportation must
comply with all federal, state (including FDOT),Miami-Dade County, and local laws,rules
and regulations.No materials will be stored on-site without the prior written approval of the
City.
10.10. Substitutions. Substitution of any specified material or equipment requires the prior
written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to
provide sufficient information and documentation to the Project Consultant to allow for a
thorough review and determination on the acceptability of the substitution. Approval of a
substitution does not waive or mitigate the Contractor's responsibility to meet the
requirements of the Contract Documents. The City may require an adjustment in price based
on any proposed substitution.
10.11. Unsatisfactory Personnel.
10.11.1. Contractor must at all times enforce strict discipline and good order among its
employees and subcontractors at the Project(s)site(s)and must not employ on any Work
any unfit person or anyone not skilled in the Work to which they are assigned.
10.11.2. The City may make written request to the Contractor for the prompt removal
and replacement of any personnel employed or retained by the Contractor, or any or
Subcontractor engaged by the Contractor to provide and perform services or Work
pursuant to the requirements of the Contract Documents. The Contractor must respond
to the City within five(5)calendar days of receipt of such request with either the removal
and replacement of such personnel or written justification as to why that may not occur.
The City will make the final determination as to the removal of unsatisfactory personnel
from the Work.The Contractor agrees that the removal of any of such individual(s)does
not require the termination or demotion of said individual(s).
10.12. Contract Modification.
10.12.1. Change Orders.
10.12.1.1. Without invalidating the Contract Documents, and without notice to any
Surety,the City reserves the right to make increases,decreases or other changes in
the character or quantity of the Work under the Contract Documents as may be
considered necessary or desirable to complete the Work in a manner satisfactory
to the City. The City reserves the right to order changes, which may result in
additions to or reductions from the amount,type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and
all such changes will be authorized only by a change order ("CO") approved in
advance, and issued in accordance with provisions of the Contract Documents.
Page 18 of 25
10.12.1.2. For Contractor initiated change orders, the Contractor is required to provide
the Project Consultant with a detailed Request for Change Order ("RCO") in a
form approved by the City, which must include the requested revisions to the
Contract, including, but not limited to, adjustments in the Contract Price and/or
Contract Time. The Contractor must provide sufficient supporting documentation
to demonstrate the reasonableness of the RCO.The City may require Contractor to
provide additional data including,but not limited to, a cost breakdown of material
costs, labor costs, labor rates by trade, work classifications, and overhead rates to
support the RCO. If applicable, the RCO must include any schedule revisions
accompanied by an explanation of the cost impact of the proposed change. Failure
to include schedule revisions in an RCO will be deemed as the Contractor's
acknowledgement that the changes included in an RCO will not affect the project
schedule.
10.12.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price,
must be effectuated through a written CO executed by both parties.
10.12.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not
been issued,given that time is of the essence,the City reserves the right,at its sole
option, to direct the Contractor to proceed on a time and materials basis or make
such arrangements as may be deemed necessary to complete the proposed
additional Work at the unit prices provided in the Contract Documents. Where the
City directs the Contractor to proceed on a time and materials basis,the Contractor
must maintain detailed records of all labor and material costs including but not
limited to payroll records and material receipts. Contractor must demonstrate its
costs with sufficient evidence to be entitled to compensation from the City.
10.12.2. Extension of Contract Time.
10.12.2.1. If the Contractor is delayed at any time during the progress of the Work
beyond the time frame provided for Final Completion by a delay beyond the
reasonable control of the Contractor, then the Contract Time shall be extended
subject to the following conditions:
10.12.2.1.1. The Contractor submits an RCO requesting the additional Contract
Time within five (5) calendar days after the Contractor knew or should have
known about the delay;
10.12.2.1.2. The cause of the delay arose after the issuance of the NTP and could
not have been anticipated by the Contractor through reasonable investigation
before proceeding with the Work;
10.12.2.1.3. The Contractor demonstrates that the completion of the Work will
actually be affected by the cause of the delay;
10.12.2.1.4. The delay cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts, and measures of the Contractor.
Page 19 of 25
10.12.3. Continuing the Work
10.12.3.1. Contractor must continue to perform all Work under the Contract Documents
during all disputes or disagreements with City,including disputes or disagreements
concerning an RCO. Contractor shall not delay any Work pending resolution of
any disputes or disagreements.
10.13. As-Built Drawings. During the Work, Contractor must maintain records of all
deviations from the Drawings as approved by the Project Consultant and prepare two copies
of As-Built Record Drawings showing correctly and accurately all changes and deviations
made during construction to reflect the Work as it was actually constructed. It is the
responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior
to submittal to the City and to certify in writing that the As-Built Record Drawings are correct
and accurate, including the actual location of all infrastructure, internal piping, and
electrical/signal conduits in or below the concrete floor (indicating the size, depth, and
voltage in each conduit).To record actual construction,Contractor must legibly mark on-site
structures and site Work as follows:
10.13.1. Depths of various elements of foundation in relation to finish first floor datum.
10.13.2. All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical
locations of underground utilities and appurtenances referenced to permanent surface
improvements.Actual installed pipe material,class,etc.
10.13.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors,fans and other items needing periodic maintenance.
10.13.4. Field changes in dimensions and details.
10.13.5. Changes made by Project Consultant's written instructions or by Change
Order.
10.13.6. Details not on original Contract Drawings.
10.13.7. Equipment,conduit, electrical panel locations.
10.13.8. Project Consultant's schedule changes according to Contractor's records and
shop drawings.
10.14. Specifications and Addenda: Legibly mark each section to record:
10.14.1. Manufacturer,trade name, catalog number and Supplier of each product and
item of equipment actually installed.
10.14.2. Changes made by Project Consultant's written instructions or by Change
Order.
Page 20 of 25
10.15. Approved Shop Drawings:Provide record copies for each process,equipment,piping,
electrical system and instrumentation system.
10.15.1. As-built documents must be updated monthly as a condition precedent to
payment.A final survey signed and sealed by a surveyor must be provided to the City at
no additional cost,including digital 1 (CAD and PDF)versions.
10.15.2. For construction of new building, or building additions, field improvements,
and or roadway improvements,as-built drawings must be signed and sealed by a Florida
Licensed Registered Land Surveyor.
10.16. Record Set. Contractor must maintain in a safe place one record copy and one permit
set of the Contract Documents, including, but not limited to, all Drawings, Specifications,
amendments, COs, RFIs, and field directives, as well as all written interpretations and
clarifications issued by the Project Consultant, in good order and annotated to show all
changes made during construction. The record documents must be continuously updated by
Contractor throughout the prosecution of the Work to accurately reflect all field changes that
are made to adapt the Work to field conditions, changes resulting from COs and/or field
directives as well as all written interpretations and clarifications,and all concealed and buried
installations of piping, conduit and utility services. Contractor must certify the accuracy of
the updated record documents. The record documents must be clean, and all changes,
corrections and dimensions must be given in a neat and legible manner in red. Upon Final
Completion and as a condition precedent to Contractor's entitlement to final payment, the
Record Set must be delivered to the Project Consultant by the Contractor. The Record Set
of Drawing must be submitted in both hard copy and as electronic plot files.
10.17. Maintenance of Traffic. Maintenance of Traffic ("MOT") must be performed in
accordance with the applicable FDOT Index Numbers (600 Series) and as further stated
herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S.
Department of Transportation, FHWA), must be followed in the design, application,
installation, maintenance and removal of all traffic control devices, warning devices and
barriers necessary to protect the public and workmen from hazards with the Project limits.
Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to
commencement of the Work, Contractor must provide the City with a proposed MOT plan
for review. The City may require revisions to the proposed MOT plan. The MOT plan must
be updated by the Contractor every two weeks. Failure to provide an MOT plan may result
in the issuance of a stop work order.The Contractor will not be entitled to additional Contract
Time for delays resulting from its failure to provide the required MOT plan.
10.18. Hurricane Preparedness. During such periods of time as are designated by the
United States Weather Bureau or Miami-Dade County as being a severe weather event,
including a hurricane watch or warning, the Contractor, at no cost to the City, must take all
precautions necessary to secure any Work in response to all threatened storm events,
regardless of whether the Contractor has been given notice of same, in accordance with the
Miami-Dade County Code. Compliance with any specific severe weather event or alert
precautions will not constitute additional work. Suspension of the Work caused by a
Page 21 of 25
threatened or actual storm event,regardless of whether the City has directed such suspension,
will entitle the Contractor to additional Contract Time as non-compensable,excusable delay
10.19. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes,the City
requires all contractors doing business with the City to register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. The City will
not enter into a contract unless each party to the contract registers with and uses the E-
Verify system. The contracting entity must provide of its proof of enrollment in E-Verify.
For instructions on how to provide proof of the contracting entity's
participation/enrollment in E-Verify, please visit: hM2s://www.e-verify.gov/faq/how-do-
iiprovide-proof-of-my_participationenrollment-in-e-verify. By entering into this
Agreement, the Contractor acknowledges that it has read Section 448.095, Florida
Statutes;will comply with the E-Verify requirements imposed by Section 448.095,Florida
Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors;
and has executed the required affidavit attached hereto and incorporated herein.
10.20. Noncoercive Affidavit. In accordance with Section 787.06, Florida Statutes, the
City requires all vendors executing, renewing or extending a contract with the City to
execute the required City affidavit, attesting that vendor does not use coercion for labor or
services.
[Remainder of page intentionally left blank. Signature pages follow.]
Page 22 of 25
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year as first stated above.
CITY OF AVENTURA CONTRACTOR
By: By:
Ronald J. Wasson
City Manager Name:
Attest: Title:
Entity:
By: ISLAND CONSTRUCTION GROUP,INC.
Ellisa L. Horvath,MMC
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfinan Cole & Bierman, P.L.
City Attorney
Addresses for Notice: Addresses for Notice:
City of Aventura ISLAND CONSTRUCTION GROUP,INC.
Attn: City Manager Attn:
19200 West Country Club Drive Address:
Aventura, Florida 33180
305-466-8910
rwasson@cityofaventura.com
(telephone)
With a copy to: (email)
Weiss Serota Helfman Cole& Bierman, P.L.
Attn: Robert Meyers With a copy to:
2255 Glades Road, Suite 200E
Boca Raton, Florida 33431
561-835-2111
rmeyers@wsh-law.com
(telephone)
(email)
Page 23 of 25
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify.For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify,please visit:
https://www.e-verif gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
❑ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
Signature Date
Print Name Title
Page 24 of 25
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES
Nongovernment Entity Name: ("Vendor")
Vendor FEIN:
Address:
City: State: Zip:
Phone Number: Email Address:
As a nongovernmental entity executing, renewing, or extending a contract with the City of
Aventura,Florida,Vendor is required to provide an affidavit under penalty of perjury attesting that
Vendor does not use coercion for labor or services, and is in compliance with Section 787.06,
Florida Statutes.
As defined in Section 787.06(2)(a), Florida Statutes, coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing,removing, confiscating,withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03, Florida Statutes to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor,I certify that Vendor does not use coercion for
labor or services, and is in compliance with Section 787.06, Florida Statutes.
Written Declaration
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts
stated in it are true.
Signature Date
Print Name Title
Page 25 of 25