Resolution No. 2024-69 HPF Associates Inc. Agreement for Services Related to Replacement of Government Center Mezzanine Deck - October 1, 2024CITY OF AVENTURA RESOLUTION NO. 2024-69
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RATIFYING AN AGREEMENT WITH HPF
ASSOCIATES, INC. FOR SERVICES RELATED TO THE
REPLACEMENT OF 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, HPF Associates, Inc. ("HPF") has been assisting the City with the
mezzanine level deck placement project for the past several months, essentially
functioning as the Owner's Representative for this project; and
WHEREAS, if the City were to solicit bids for Owner's Representative services for
this project, the contract might not be awarded until after January 1, 2025, resulting in a
loss of ARPA funding; and
WHEREAS, HPF is familiar with the project, possesses the necessary expertise
and will protect the City's interests and goals as the Owner's Representative for the
replacement of the mezzanine deck at Government Center; 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
HPF; 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
at the September 19th Workshop meeting to take the essential steps of securing a contract
with HPF as the Owner's Representative; and
WHEREAS, the City Commission now finds that it is in the best interest and welfare
of the residents to ratify the agreement with HPF to be retained for this project.
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. 2024-69
taken by the City Manager to enter into an agreement with HPF 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.
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ATTEST:
ELLISA L. HORVA MC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
HOWARD S. WEINBERG, EW.
MAYOR
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
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OWNER'S REPRESENTATIVE SERVICES AGREEMENT
BETWEEN
THE CITY OF AVENTURA AND
HPF ASSOCIATES, INC.
THIS AGREEMENT (this "Agreement") is made effective as of the 1st day of October,
2024 (the "Effective Date"), by and between the CITY OF AVENTURA, FLORIDA, a Florida
municipal corporation, (the "City"), and HPF ASSOCIATES, INC., a Florida corporation
authorized to transact business in the State of Florida (hereinafter, the "Consultant").
WHEREAS, the City desires certain Continuing Owner's Representative Services; and
WHEREAS, the Consultant will perform Continuing Owner's Representative Services
on behalf of the City (the "Services"); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a
fee for the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, the Consultant and the City agree as follows:
1. Scone of Services.
1.1. The Consultant shall furnish the Services and provide deliverables for various project
aspects for the City, as requested by the City and detailed in a "Statement of Work" which
the City will provide the Contractor when engaging the Contractor to work on a specific
Proj ect.
1.2. The Consultant shall have responsibility for:
a. Providing advice and consultation with respect to design, value engineering, scope
of the work, cost estimating, general contractor and subcontractor
prequalification, scheduling, and construction;
b. Selection, negotiation with, and oversight of a designer and a general contractor;
C. Ensuring the preparation of estimates, budgets, and schedules which shall serve
as control standards for monitoring performance of the project; and
d. Providing administration of all contracts for construction in accordance with the
with the terms and conditions (including all general conditions) of those contracts
and all plans, specifications, drawings, addenda, modifications and other
documents identified in or incorporated by reference in such contracts.
1.3. Prior to commencement of work on a specific Project, the Consultant will provide the
City with a lump sum or an hourly not to exceed cost set forth in the Work Authorization
calculated using the rates set forth on the Fee Schedule attached hereto as Exhibit "A".
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1.4. If the City approves the lump sum or hourly not to exceed cost for the Project, the City
will provide the Consultant with a Notice to Proceed to perform the Services set forth in
the Statement of Work. Consultant acknowledges that it shall not undertake to perform
any Services on any Project until it has received from the City the Notice to Proceed on
such Project.
1.5. Consultant shall furnish all reports, documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables") to the City.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through 3 year thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the City
Manager may renew this Agreement for 2 additional 1-year periods on the same terms
as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within terms of this Agreement, unless extended by the City Manager.
3. Compnensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the
approved cost set forth in the Statement of Work or the Notice to Proceed for such Project,
which shall be based on the Fee Schedule attached hereto asExhibit "A".
3.2. During each Project, Consultant shall deliver an invoice to City no more often than once
per month detailing Services completed and the amount due to Consultant under this
Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice,
which shall be based upon the percent complete if lump sum or on a time and materials
basis if, depending on the Fee type for each task invoiced. The City shall pay the
Consultant in accordance with the Florida Prompt Payment Act after approval and
acceptance of the Services by the City Manager.
3.1. There will not be any fees charged to City by Consultant for travel, per diem, or
subsistence expenses, or travel time, unless specifically authorized in writing in advance
by City.
3.2. All required copies of documents will be furnished to City at no additional cost.
3.3. Consultant's invoices must contain the following information for prompt payment:
a. Name and address of the Consultant;
b. Purchase Order number;
C. Contract number;
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d. Date of invoice;
e. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
f. Name and type of Services;
g. Timeframe covered by the invoice; and
h. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection
of the invoice.
4. Sub -Consultants.
4.1. The Consultant shall be responsible for all payments to any sub -Consultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular sub -Consultant with the prior
written approval of the City Manager, which approval may be granted or withheld in
the City Manager's sole and absolute discretion.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities: Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a Consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2) years
from the completion of this Agreement, it is determined that the Consultant's
Deliverables or Services are incorrect, not properly rendered, defective, or fail to
conform to City requests, the Consultant shall at Consultant's sole expense,
immediately correct its Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and
permits required under Federal, State and local laws applicable to and necessary to perform
the Services for City as an independent Consultant of the City. Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform
the Services and carry out its obligations under this Agreement in a professional and
first- class manner.
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6.3. The Consultant represents that is an entity validly existing and in good standing under
the laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized, and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager, without cause, may terminate this Agreement upon five (5) calendar
days' written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination, provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents,
maps, and data pertaining to the Services and the project to the City, in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
8.5. The Consultant shall have the right to terminate this Agreement for cause upon seven
(7) calendar days' written notice to the City, and Consultant shall be paid all sums due
under this Agreement up to the date of termination.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm
rated A-X or better by A.M. Best and qualified to do business in the State of Florida.
The insurance coverage shall be primary insurance with respect to the City, its officials,
employees, agents, and volunteers naming the City as additional insured. Any insurance
maintained by the City shall be in excess of the Consultant's insurance and shall not
contribute to the Consultant's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the City as it
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deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate
Liability limit and the Products/Completed Operations Liability Aggregate limit
shall be in the amount of $2,000,000 each.
b. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, sub -consultant or agent of the
Consultant shall be allowed to provide Services pursuant to this Agreement who
is not covered by Worker's Compensation insurance.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by City and
prior to commencing Services. 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 Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, 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 Agreement and shall state that such
insurance is as required by this Agreement. The City reserves the right to inspect and
return a certified copy of such policies, upon written request by the City. If a policy is
due to expire prior to the completion of the Services, 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.
9.3. Additional Insured. Except with respect to Professional Liability Insurance and
Worker's Compensation Insurance, the City is to be specifically included as an
Additional Insured for the liability of the City resulting from Services performed by or
on behalf of the Consultant in performance of this Agreement. The Consultant'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 Consultant's insurance. The Consultant'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
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(for applicable policies) in the same manner as if separate policies had been issued to
each.
9.4. Deductibles. All deductibles or self -insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment
of any deductible or self -insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color,
religion, sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorney's Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs, including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees, from and against demands, claims, losses, suits, liabilities, causes of action,
judgment or damages, to the extent caused by the negligence or intentional wrongful
conduct of the Consultant and persons employed or utilized by the Consultant in the
performance of this Agreement. Consultant shall reimburse the City for its expenses
including reasonable attorneys' fees and costs incurred arising from Consultant's
negligent act or performance or non-performance of this Agreement.
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
City nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The City is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13. Notices/Authorized Representatives. Any notices required by this Agreement 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
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postal service, addressed to the parties (or their successors) at the addresses listed on the
signature page of this Agreement or such other address as the party may have designated by
proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami -Dade County, Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing consisting of this Agreement and the supplement supersedes any
prior oral or written representations. No representations were made or relied upon by
either parry, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same formality
as this document.
16. Ownershin and Access to Records and Audits.
16.1. 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 Consultant during the
term of this Agreement ("Work Product") belong to the City. Consultant 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 Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney and
other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the
right to examine and audit any records of the Consultant involving transactions related
to this Agreement. Consultant additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Consultant 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
Agreement, and following completion of the Agreement until the records are transferred
to the City.
16.3. Upon request from the City's custodian of public records, Consultant 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.
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16.4. 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 Agreement are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant 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 Agreement, the Consultant shall destroy any and all duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes, IF THE
CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records:
Mailing address:
Telephone number:
Email:
Ellisa L. Horvath, MMC
19200 West Country Club Drive
Aventura, FL 33180
305-466-8901
horvathe6kityofaventura.com
17. Nonassignabili . This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the City's
area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law.
19. Indenendent Contractor. The Consultant and its employees, volunteers and agents shall
be and remain an independent contractor and not an agent or employee of the City with
respect to all of the acts and services performed by and under the terms of this Agreement.
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This Agreement shall not in any way be construed to create a partnership, association or any
other kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21. Waiver. The failure of either parry to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation, breach or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed
and shall be fully enforceable by either parry.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and the same
instrument.
26. Conflicts, In the event of a conflict between the terms of this Agreement and any exhibits
or attachments hereto, the terms of this Agreement shall control.
27. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires
all Consultants 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.everify.gov/faq/how-do-i-provide-proof-of-my-
participationenrollment-in-e-verify. By entering into this Agreement, the Consultant
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
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to obtaining E-Verify affidavits from sub -consultants; and has executed the required
affidavit attached hereto and incorporated herein.
28. 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.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year as first stated above.
CITY OF AVENTURA
DocuSigned by:
By:F
FEFEg•F6E41 F...
Ronald J. Wasson
City Manager
Attest:
Signed by: '���
ms& b. �N A
By: 9EfA-o5-1-a4-
Ellisa L. Horvath, MMC
City Clerk
Approved as to form and legal sufficiency:
Signed by:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice:
City of Aventura
Attn: City Manager
19200 West Country Club Drive
Aventura, Florida 33180
305-466-8910
rwasson@cityofaventura.com
With a copy to:
Weiss Serota Helfman Cole & Bierman, P.L.
Attn: Robert Meyers
2255 Glades Road, Suite 200E
Boca Raton, Florida 33431
561-835-2111
rmeyers@wsh-law.com
CONSULTANT
DocuSigned by:
By G3-743PE-544_5
Paul Abbott
Name:
President
Title:
Entity: HPF ASSOCIATES, INC.
Addresses for Notice:
HPF ASSOCIATES, INC.
Attn: PT Abbott
Address: 14803 sw SR 45
Archer, FL
32618
305- 773-62 55 (telephone)
ptgbhtl@aol.com (email)
With a copy to:
(telephone)
(email)
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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-verify_gov/fag/how-do-i-provide-proof-of-my_]2articipationenrollment-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.
IPDocuSigned by:
W4L OW-2-�Ic-yG-344-39€S445...
Signature
Paul Abbott
Print Name
10/3/2024
Date
President
Title
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AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Nongovernment Entity Name: HPF Associates Inc. ("Vendor")
Vendor FEIN: 45-2570350
Address: 14893 sw SR 45
City: Archer State: FL Zip: 32618
Phone Number: 305-773-6255 Email Address: ptgbhtl@aol .com
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 11 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.
DocuSigned by:
Pall, b6fF
Signature
Paul Abbott
Print Name
10/3/2024
Date
President
Title
Page 13 of 14
Docusign Envelope ID: F7BEA138-6F06-4A31-A2CA-946637298160
EXHIBIT "A"
Fee Schedule
Role
Hourly Rate
Admin/Secretary/Clerical
$
70.00
Construction Manager
$
180.00
Contract Manager
$
160.00
Cost Estimator/Scheduler
$
160.00
Principal
$
225.00
Project Manager
$
175.00
Senior Construction Manager
$
200.00
Senior Contract Manager
$
190.00
Senior Cost Estimator/Scheduler
$
190.00
Senior Project Manager
$
200.00
Page 14 of 14
Docusign Envelope ID: F7BEA138-6F06-4A31-A2CA-946637298160
Statement of Work
Government Center Mezzanine Level Deck Replacement Project
The City of Aventura (the "CITY") has engaged HPF Associates, Inc. (the "CONSULTANT")
under the existing Owner's Services Agreement to prepare a scope of work to provide The
CONSULTANT services associated with Mezzanine Level Deck Replacement Project.
A. Scope of Work
The CONSULTANT shall deliver the tasks and services outlined in detail below:
Preconstruction Phase
1. The CONSULTANT shall provide continuous onsite management services, including
being responsible for the coordination of all construction activity, including
recommending various alternative courses of action when construction contractors are
not performing work in accordance with the contract documents. The CONSULTANT
shall conduct weekly onsite coordination meetings and daily quality control.
2. The CONSULTANT shall coordinate with the Contractors for site access control.
3. The CONSULTANT shall conduct a general pre -construction meeting prior to the start
of construction.
4. The CONSULTANT shall represent the CITY in its communications with the
Contractor; schedule, attend, and conduct progress meetings, regular on -site meetings
to review construction progress and pay requests and to provide appropriate
recommendations to the CITY concerning the CITY's decisions on construction matters,
including, where necessary, alternative designs or materials; and coordinate, review and
advise the CITY concerning, change orders, submittals, and requests for information.
5. The CONSULTANT shall:
i. Assist and review the processing of change orders,
ii. Advise CITY concerning the necessity for, scope of and recommended cost of
change orders, and
iii. Negotiate, on CITY's behalf, all change orders with Contractor for CITY
approval. The final Project Budget and/or Project Schedule, as applicable, will
be revised to reflect approved change orders.
6. The CONSULTANT shall review applications for payment by the Contractor, review
and certify certificates for payment and make written recommendations to CITY
concerning payment.
7. The CONSULTANT's certification for payment shall constitute a representation to the
CITY that, to the best of the CONSULTANT's knowledge, information, and belief, the
work has progressed to the point indicated and the quality of the work is in accordance
with the Contract Documents. The issuance of a certificate for payment shall further
Page 1 of 4
Docusign Envelope ID: F7BEA138-6F06-4A31-A2CA-946637298160
constitute a representation that the Contractor is entitled to payment in the amount
certified.
8. The CONSULTANT shall direct prime Contractor(s) (and others, where appropriate) to
prepare and update a critical path schedule for completion of the applicable work. In the
event of delays impacting the critical path schedule, The CONSULTANT shall make
recommendations to CITY for corrective action by Contractor and review Contractor's
recommendations for corrective action.
9. The CONSULTANT shall coordinate Design Consultant review and approval of shop
drawings, product data and other submittals by a Contractor.
10.In conjunction with the Contractor who has prime contractual responsibility, the
CONSULTANT shall additionally review and advise the CITY concerning the adequacy
of the Contractor's personnel and equipment, and the availability of materials and
supplies to meet the Contractor's schedules in relation to the Project Schedule.
11. The CONSULTANT shall enforce each Contractor's contract to maintain a daily log
containing the number of workers, equipment, work accomplished, daily weather,
problems encountered and other relevant data as the CITY may require. Although The
CONSULTANT shall not guarantee the performance by Contractor, The
CONSULTANT shall recommend courses of action to the CITY when CITY or The
CONSULTANT becomes aware that requirements of any Project construction contract
are not being fulfilled, or when Contractor falls behind in its schedule; shall
communicate recommendations, as directed by the CITY, to Contractor on behalf of the
CITY; shall monitor Contractor's performance of such recommendations; and shall
report Contractor's progress to the CITY on at least a monthly basis.
12. The CONSULTANT shall notify CITY in writing, with photos and supporting
documentation, if The CONSULTANT becomes aware that the work of Contractor is
not being performed in accordance with the requirements of the Contract Documents.
As appropriate, The CONSULTANT shall, with written authorization from the CITY,
require additional inspection or testing of the work in accordance with the provisions of
the Contract Documents, whether or not such work is covered, installed or completed.
The CONSULTANT shall review any and all test reports and notify the CITY, the
Design Consultant and the Contractor, as appropriate, of deficiencies in the work of
which The CONSULTANT becomes aware and shall advise the CITY of projected
consequences of such default and shall make recommendations to CITY with respect
thereto. With the written authorization of CITY, The CONSULTANT shall reject work
which does not conform to the requirements of the applicable Contract Documents.
13. The CONSULTANT shall advise the CITY concerning the procurement of materials by
Contractor regarding budget and schedule implications.
14. The CONSULTANT shall attend on -site review of each Project to confirm substantial
and final completion of the construction of the Project, and notify CITY when the
Page 2 of 4
Docusign Envelope ID: F7BEA138-6F06-4A31-A2CA-946637298160
CONSULTANT believes the work under a Project construction contract is substantially
complete and that a punch -list should be prepared.
15. The CONSULTANT shall coordinate with the Design Consultant in its review of the
work to enable the Design Consultant to determine the date of substantial completion.
At the substantial completion by Contractor of the work, CITY's Representative shall
monitor the Design Consultant in its inspection of the work and preparation of a detailed
"punch -list" specifying any items which require completion, installation, correction or
repair. The CONSULTANT will consult with CITY and/or Design Consultants in
connection with recommendations for the rejection and replacement of all
nonconforming work, as appropriate.
16. The CONSULTANT shall obtain from Contractor record drawings or, if required by the
applicable Project construction contract, "as -built" drawings, as construction completes.
17. The CONSULTANT shall monitor and observe the testing, and review test reports; as
applicable.
18. The CONSULTANT shall complete the final close-out of each Project by:
i. Obtaining, or causing the Contractor to obtain, all government approvals
required for the legal use and occupancy of the Project,
ii. Obtaining all warranties, guarantees, bonds, insurance certificates, installation
manuals, and other items required pursuant to the Project construction contracts,
iii. Obtaining all affidavits, waivers, and releases the Contractors are required to
provide pursuant to the Project construction contracts to achieve final completion
of the Project,
iv. Analyzing all claims (including change order disputes and other claims for extra
compensation) asserted by the Contractors and the Design Consultants,
V. Collecting and/or otherwise resolving any and all back charge claims that CITY
may assert against any Design Consultant or Contractors, including assistance
with any legal proceedings instituted by CITY and/or any Design Consultant or
Contractor, and/or
vi. Representing CITY at meetings and/or inspections scheduled by CITY and held
to resolve problems relating to design, physical condition or operation of the
Project to seek enforcement of warranties.
19. While performing the Work, the CONSULTANT shall promptly inform the CITY if the
CONSULTANT becomes aware of any security concerns and/or unsafe conditions.
B. Schedule
The work performed under this SOW will commence on the effective date of signature, or later
pursuant to an executed Purchase Order (PO) or if mutually agreed between the Parties in
writing, and will conclude as prescribed in this SOW.
The construction phase duration is anticipated to last six (6) months including project closeout.
Page 3 of 4
Docusign Envelope ID: F7BEA138-6F06-4A31-A2CA-946637298160
C. Fee
The CONSULTANT shall deliver the tasks and services outlined in Tasks 1 through 19 for a
fee in an amount not to exceed $110,200. Payment for services shall be in accordance with
Article 3 of the Agreement.
D. Signatures
CITY OF AVENTURA
DocuSigned by:
Pk Aa .. (klaSS61&
onfC1ff. E19M'6n, City Manager
CONSULTANT
DocuSiggned by:
LMAL - bbbff 10/3/2024
97-05 .Z4aD.P:'AA
Signature Date
Paul Abbott
10/8/2024
Date
Name
President
Title
Page 4 of 4
Docusign Envelope ID: F7BEA138-6F06-4A31-A2CA-946637298160
HPF Associates, Inc. Staff Hour Estimate
Government Center Mezzanine Level Deck Replacement Project
Government Center Mezzanine Level
Project Name: Deck Replacement Project
Principal
Sr. Construction
Manager
Construction Manager
Cost Estimator/Scheduler
Admin
Labor Fee
Consultant: HPF Associates, Inc.
$ 225.00
$ 200.00
$ 180.00
$ 160.00
$ 70.00
ACTIVITY
Hours
Fee
Hours
Fee
Hours
Fee
Hours
Fee
Hours
Fee
Hours
Fee
Task 1 Construction Documents
1.1 Construction Document Preparation
24
$5,400
32
$6,400
50
$9,000
64
$10,240
24
$1,680
194
$32,720
Total Task 1
24
$5,400
32
$6,400
50
$9,000
64
$10,240
24
$1,680
194
$32,720
Task 2 Construction Administration
2.1 Construction Administration
28
$6,300
42
$8,400
300
$54,000
40
$6,400
34
$2,380
444
$77,480
Total Task 2
28
$6,300
42
$8,400
300
$54,000
40
$6,400
34
$2,380
444
$77,480
Totall
$11,700
1
$14,800
1
$63,000
1
$16,640
1
$4,060
1
$110,200