IBT1 Sept 23 Board Meeting Packet

POSITION INDICATORS

MOSAIC High resolution & fully customizable
graphics
Redefine your elevator with a modern Integrated voice annunciator
Position Indicator. Two-Way video capable (Matisse)
Programmable audio and video messages
Matisse: The Premium option available in the TFT Self administration with easy-to-use Mosaic
designer's series. Featuring a fully networkable unit software
with widgets, news, two-way video capabilities and
live video streaming. It is available in 7", 10", 12.1". 12.1"

Giotto: The mid-range of the new TFT designer 10"
series with its multicolor graphic Position Indicator. 7"
Available in 4.3" & 7".
2" 4.3"
Raffaello: The micro version of the three balances
both cost and functionality. Perfect for integrating Available sizes listed above
Position Indicators in your hall fixtures design or
lobby panels. Available in 2".

22

LARGE FORMAT POSITION INDICATOR

ALTUS

Combining the Mosaic PIs, Matisse Digital Signage and
Touch-To-Go's interactive graphics, the Altus is large enough
to take advantage of all the functionality in one.

Remote admin and updateability
Fully customizable
Weather Widgets, social media, news
(RSS feeds), videos, online photo albums,
and HTML content
‘This Floor’ interactive messages

48"

38"

28" Available in
landscape or portrait

19" 21"
19"

15"

All Available sizes listed above

SS#4 COP shown with 48" Altus PI, Dune pushbutton and Surround with Cast Tactile

23

TOUCHSCREEN COP SOLUTION

TOUCH-TO-GO

Using vibrant, easy-to-read, color touchscreens linked to a
custom control system, our elevator touchscreen systems
eliminate the limitations of traditional elevator pushbuttons.
Create a distinctive experience that will have a high impact
on the passenger and enhance the usability of the elevator.

Easy-to-clean surface
Remote admin and updateability
21" HD LED display with a viewing angle
of 178 degrees
Multiple screen sizes available
Fully customizable and easy to clean
Vandal-resistant & code compliant
Operated with finger touch or with a
gloved hand (fire service)
Images, Video, live video, live news
ticker, weather and 2-way video capable
Interface with any elevator controller

21" W (STANDARD SIZE)
19" W
19" S
17" S

SS#4 COP shown with 10" Matisse PI, BS classic push button, Caesar surface mount non-illuminated tactile, ADA
compliant flush mount key pad, 21" Touch To Go Touch Screen, 2010 service code with service cabinet.

24

Upgrade your traditional pushbuttons. Add a fully-interactive, customizable feature to your premium cab interior.
Our elevator fixture’s unrivaled touchscreen replaces the outdated elevator pushbutton, allowing for changes to
graphics on an as-needed basis.

RESIDENTIAL

Brand your elevator and keep your residents informed with
message boards, which can be automatically scheduled to
update. Change the displays for special occasions such as
holidays or events.

Architectural renderings can be incorporated into the
graphics. A crisp building graphic identifies destination
floors when selected, letting passengers visualize where
they are going within the building. Instructions can also be
added to the screen (e.g. scan access card).

COMMERCIAL

Give your guests discount offers and promote your
products or services right inside your elevator!

Providing tenant names and descriptions assures visitors
that they are headed to the correct floor, while also
promoting the corporate identity of each tenant and of
the building.

Commercial jobs can include hospitals, universities, malls,
stadiums, libraries and museums.

HOTELS & AIRPORTS

Promote the identity and image of the hotel through
your graphics. The touchscreen provides an effective
means of highlighting building features and commonly
used services (pool, spa, restaurant, etc) with pictures.

The wayfinding feature allows you to introduce
information about your building's layout and help guests
figure out their path once they exit the elevator.

For more info, visit madelevator.com or touchtogo.ca

25

DIGITAL SIGNAGE

MATISSE / MosaicONE

The Matisse digital signage brings the elevator notice board
into the 21st century. Using customized top-of-the-line LCD
screens and software suites, the Matisse digital signage can
suit virtually any forseeable need.
Software: All Matisse come with MosaicONE software to
create powerful digital signage for any content at anytime.

Time & Weather
News & RSS feeds
Pictures & Videos
Text (ex. notice boards)
Scheduling
HTML content
Fully Customizable
Flush Mount available in: 10", 12.1", 15", 17", 19"
& 21". Can be positioned landscape or portrait.
Surface Mount available in: 15"

SS#4 COP shown with a 10" Matisse digital signage screen, 4.3" Giotto TFT PI, BS classic pushbutton, Julius surface
mount tactile and surround, 2010 code with a service cabinet.

26

VIDEO WALL

Promote the identity and image of the hotel through your graphics. The touchscreen provides an effective means of
highlighting building features and commonly used services (pool, spa, restaurant, etc) with pictures.
The wayfinding feature allows you to introduce information about your building's layout and help guests figure out their
path once they exit the elevator.

Interactive content with real-time
elevator movement and operation

Integrate the Position Indicator

RSS feed capability (Weather, News, etc.)

Fully customizable content to meet
project experience

Commercial full 1080p screens

Proprietary interface for interaction
with elevator controller

Designed specifically for elevator use

Orient displays at any angle

Engineered and manufactured to your
specific project requirements

1. Position Indicator 2. Next Floor Feature 3. Customizable Content

Example layout
configurations.

Fully customizable.

27

CONCIERGE SERVICE

TWO-WAY VIDEO
COMMUNICATION

Our Concierge system allows for the passenger to
communicate with the Concierge/Security staff via a two-
way video system.
The elevator is equipped with a high resolution pin-hole
camera. Similar to the elevator camera pin-hole system,
the Concierge / Security desk will have a panel where they
can activate the camera and indicate the two-way video
communication.
The Concierge system is fully integrable with the Matisse
TFT display or with the Touch-To-Go touchscreen system.

Fully customizable
Live video
High Definition
Finger touch capability
Fully integrable with the TFT Matisse
display and Touch-To-Go touchscreen
Advanced Attendant Service functionality

SS#4 COP shown with 10" Matisse PI, BS classic push button, Caesar surface mount non-illuminated tactile, ADA
compliant flush mount key pad, 21" Touch To Go Touch Screen, 2010 service code with service cabinet.

28

TWO-WAY VIDEO COMMUNICATION

12

The Concierge / Security can monitor inside of elevators When an emergency call is activated from within
via live video feeds and dispatch elevator to desired the elevator, the live video feed from that elevator
floors with advanced attendant service. automatically enlarges allowing concierge to quickly see
what is happening in the elevator.

3

When Concierge / Security
activates the 2-way video,
live video of the Security/
Concierge is streamed into
the elevator and displayed
on either the Touch-To-Go
touchscreen or Matisse TFT
display.

29

PUSH BUTTONS

BS CLASSIC BS MOON BP CLASSIC DUNE

SAVOY

SURFACE MOUNT
SQUARE TACTILE

JULIUS

TACTILE AND
SURROUND

CAESAR/DUNE

RETRO
ILLUMINATION
TACTILE

RITZ

PIN MOUNT
TACTILE

ROUND

FLUSH

PLAZA

SLIMLINE TACTILE

JULIUS NOT
AVAILABLE
FLUSH
NOT
SQUARE AVAILABLE

FLUSH

CALIFORNIA
FISHTAIL

FLUSH

30

BS CALIFORNIA ATOLL BL BLANK BL/BD SYMBOL COLOSSUS

NOT NOT NOT
AVAILABLE
RECOMMENDED RECOMMENDED

NOT NOT NOT
AVAILABLE
RECOMMENDED RECOMMENDED

NOT NOT NOT

RECOMMENDED RECOMMENDED RECOMMENDED

NOT
RECOMMENDED

NOT
AVAILABLE

NOT
AVAILABLE

31

6635 Ordan Dr, Ver 4.0
Mississauga, ON
L5T 1K6
Canada
1 (866) 967-8500
madelevator.com
[email protected]
This publication is for general informational purposes only. Product design is subject to
change without notice. Actual product colors, finishes and specifications may vary from
graphical representations.
Copyright © 2019 MAD Elevator Inc.

Discussion of Elevator Renovation Budget

Financial Review

Carmen Flores of FirstService Residential will be performing the financial review of the July 2019 financials.
Attached:

• July Executive Summary
• July Balance Sheet and Income Statement

09/23/2019 9:27:14 AM Executive Summary
0C47 ICON BRICKELL CONDOMINIUM NO. ONE ASSN., INC.

July 31, 2019

FirstService Residential
C/o FirstService Residential
Hollywood FL, 33020

Operating Cash Balance Operating Money Cash in Cash
Market transit Reserves
Beginning Cash $2,206,111
Change in Cash ($196,839) 92,798 1,916,474 315,732 5,131,529
Ending Cash
Less: Accruals $2,009,272
Less: Current Accounts Payable $423,415
Adjusted Cash $191,777

$1,394,081

Due (To)/From Reserves $0
Due (To)/From Special Assessment $0

Accounts Receivable July June May
Maintenance Assessment Income Billed $459,009 $459,009 $459,009
Net A/R (Deliquent - Prepaid) Ending Balance $27,534
Cash Collected from Homeowners ($5,214) $21,328 $526,759
$555,981 $534,444

Accounts Receivable Ratio Operating Accounts Receivable divided by Monthly Maintenance
($5,214) / $459,009 = -0.01 Months

Accounts Receivable Aging July June Change % Change
Current $1,282 $19,946 ($18,664)
Over 30 Days $19,420 ($173) -93.57%
Over 60 Days $19,247 $12,082 ($5,006) -0.89%
Over 90 Days $7,076 $18,060 ($9,747)
Over 180 Days $8,313 $17,713 ($6,600) -41.43%
Over 360 Days $13,751 ($4,998) -53.97%
Total $11,113 $82,318 ($26,534) -37.26%
Less: Bad Debt Allowance $8,753 $34,967 $833 -36.35%
-32.23%
$55,783
$35,800 2.38%

Total A/R Net of Allowance $19,983 $47,351 ($27,368) -57.80%

Income Recap Actual July % Var Actual YTD Variance % Var
$556,747 Budget Variance 3% $3,841,401 Budget $50,929 1%
Total Revenue $434,032 $541,496 $15,251 20% $3,912,440 $3,790,472 -3%
Total Expenses $122,715 0% ($121,954) 0%
Net Income (Loss) $541,498 $107,466 ($71,039) $3,790,486 ($71,025)

($2) $122,717 ($14)

Variance Analysis Actual Budget July % Var. Actual YTD Variance % Var.
GL Account 3,498 17,298 Variance 79.78% 177,426 Budget (56,340) -46.53%
**TOTAL ADMINISTRATIVE 55,575 50,289 -10.51% 380,373 (28,350) -8.05%
**TOTAL PROPERTY INSURANCE 53,969 92,517 13,800 41.67% 577,051 121,086 70,568 10.90%
**TOTAL UTILITIES 122,134 (5,286) -11.03% 836,532 352,023 18,406
**TOTAL CONTRACTS 135,610 137,316 38,548 24.45% 874,492 647,619 86,720 2.15%
**TOTAL SALARIES & BENEFITS 103,745 24,329 (13,476) 89.10% 218,997 854,938 (48,694) 9.02%
**TOTAL REPAIR/MAINTENANCE 20,500 33,571 100.00% 250,793 961,212 (107,293) -28.59%
**TOTAL SPECIAL PROJECTS 2,652 77,115 21,677 -18.47% 579,966 170,303 (40,161) -74.77%
**TOTAL RESERVE TRANSFER 0 0 20,500 16,811 143,500 (16,811) -7.44%
**TOTAL PRIOR YEAR ACTIVITY (14,242) 539,805
91,357 12,374
(12,374) 0

**TOTAL EXPENSES 434,032 541,498 107,466 3,912,440 3,790,486 (121,954)

NET INCOME/(LOSS) 122,715 (2) (92,215) (71,039) (14) (71,025)

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Review of Secretary’s Recommendation for Contractors

Stan Ruby would like the board to discuss the protocol for the bid process and payment terms for
upcoming projects.
Attached:

• Stanley Ruby’s Email Dated September 17, 2019

9/23/2019 Mail - Maya King - Outlook

Fwd: Proposed Guidelines

Stan Ruby <[email protected]>

Tue 9/17/2019 5:05 PM
To: Eugene Herrick <[email protected]>; MW226 <[email protected]>; Maya King
<[email protected]>; [email protected] <[email protected]>

Sent from my iPhone

Begin forwarded message:

From: Stan Ruby <[email protected]>
Date: September 17, 2019 at 4:59:07 PM EDT
To: "[email protected]" <[email protected]>
Subject: Proposed Guidelines

As we move forward with many projects
It is appropriate that we review and update
our process regarding the bidding of projects
And the requirements which must be met in order to contract with proposed vendors.

The vendor must be currently insured with the
Proper coverage.
The vendor must show and the board must approve the guarantee and warranty of the
product And the installation .
Any contract the board accepts must have
Beginning and completion dates acceptable to the board with penalties if not meet.
A proper credit check indicating the company
Or contractor is in good standing and capable of
Completion of The project to the boards satisfaction.
All references must be thoroughly checked by phone and the appropriate questions
answered to the boards satisfaction.
Method of payment on any job or project over
An as yet to be agreed upon amount should
Be paid to the vendor in three installments.
1. As a deposit at the time of the order.
2.when the product has arrived and is inspected
And found suitable by the board.
3.upon completion of the project,inspection,and satisfaction of the board.
These are practices that should be instituted
By the board and acted upon by Management.

Thank You,
Your feedback is always welcome.
Stan

https://outlook.office365.com/mail/search/id/AAQkADRiN2EzM2NjLTM1MTQtNDRiMi05YWRlLTBjMzkxNjkxMjMwZgAQAMqxSBZvJPtKoyNURbvyUe4… 1/2

Review and Approval for Carpet Replacement Proposals

In the August 12, 2019 Board meeting, the Board requested management obtain bids to replace the carpet
on all residential landings.

Attached:
• Bid Analysis
• Proposals from Ace Flooring
• Luxury Interiors of FL
• East Coast Flooring and Interiors
• Floors by Design
• RFP
• References Check

Association: Iconbrickell Condominium No One Date: 9.7.19

Prepared by: Maya King

Bid Analysis for: Carpet Installation

Vendor Ace Flooring Luxury Interiors of FL East Coast Flooring and Floors by Design
Interiors
Scope
Procurement of Procurement of Procurement of Procurement of
Licensed Carpets Style color Carpets Style color
Certificate of insurance (Your world) Colors: (Your world) Colors: Carpets Style color Carpets Style color
Funding Method (Chips) (Chips)
Time to Complete Pull up existing hallway Pull up existing (Your world) Colors: (Your world) Colors:
carpet hallway carpet
Payment Terms Dispose of all debris Dispose of all debris (Chips) (Chips)
Surface Preparation Surface Preparation
Notes Installation of Carpets Installation of Pull up existing Pull up existing hallway
Square Feet Style color (Your world) Carpets Style color
Materials Cost Colors: (Chips) (Your world) Colors: hallway carpet carpet
Labor Cost (Chips)
Tax Dispose of all debris Dispose of all debris
Total Cost
Surface Preparation Surface Preparation

Installation of Carpets Installation of Carpets

Style color (Your Style color (Your world)

world) Colors: (Chips) Colors: (Chips)

YES YES YES YES
YES YES
YES YES RESERVES RESERVES

RESERVES RESERVES 50% cost of matierials
to start
45-60 days 50% once product
arrives to Miami
50% cost of matierials to 50% cost of matierials progress payments of 50% cost of matierials to
to start 1/3 as requested by
start 50% 50% once product Stan Ruby start 50%
arrives to Miami
once product arrives to progress payments of once product arrives to
1/3 as requested by
Miami progress Stan Ruby Miami progress

payments of 1/3 as payments of 1/3 as

requested by Stan Ruby requested by Stan Ruby

12,300 sq yd (57 floors) 12,300 sq yd (57 floors) 12,300 sq yd (57 floors) 12,300 sq yd (57 floors)

$277,878.30 $224,720.00 $205,000.00 not provided

$ 101,698.00 $ 86,100.00 $ 88,500.00 not provided

$13,680.43 7% $ 13,300.00 not provided
$393,256.73 $310,820 $306,800 $305,000







































Flooring Vendors Reference Check

Name of Building + What project did you How would you describe the Did you establish a timeline for the Did the vendor incur How would you describe When product/materials arrived, On a scale of 1-5,
Contact Name use the vendor for? vendors general workmanship and project? And if so, did the vendor any penalties or communication with the were they in line with your how likely are you
successfully meet your timeline? Did expectations? Were samples to recommend this
professionalism? Was the end reduction in original vendor?
product in line with your they show up on time? project cost due to provided prior to the start of the vendor?
violations, damages or project?
organizations expectations? any other issue? 5

IBT2 - Assistant Manager - Lobby White Tile Overall, professional. Contractors No timeline established in advance, Good communicators. Worked
were professional they showed up daily on time and No with Maintenance Supervisors Yes
Dominique Installation worked quickly.

Floors by Design Merrick Park Apartments Hallway Project - Carpet Absolutely. They are professional
and arrive to site on time. Project
Immaculate Flooring - Christine Rotger, Procurement and They provided samples and they
was consistently monitored to matched.
East Coast Flooring and Regional Manager Replacement avoid the need for a punch list Yes and Yes No Excellent 5
Interiors Yes and Yes- we have placed several No 5
Lobby Tile Polishing, process last minute requests and they have No 5
Ace Flooring Vendor is professional, techs show always delivered
Luxury Interiors of Fl Ground Level Floor up to site on time and generally Very well, calls or emails if
Chigin Plumbing behave well Yes, and the vendor followed each one missed are returned same day N/A
MK - IBT1 Finishing Highly professional, employees
respectful of common areas,
Common area and unit flexible scheduling, great response They respond in a timely yes
tile flooring time manner
Ocean Club Key Biscayne replacements

ACN Financial - Porcelain They do a nice job. Quality of work Vendor is provided with a schedule They provide samples. We have a
submittal process using architects and
John Project Manger - Tile, Vinyl Flooring and is great. End product is line with which requires flexibilty on the part of Fine - they are great to work wit all details are approved by ownership.
Butler Construction
Carpet installation expectations the sub, they always meet the deadline No 5
Dean Dorsey - Senior 5
Director of Engineering, Outstanding - Dean wouldn't use timelines to ensure the needs of the
Adrian Arsht Center
anyone else. They provide high business is met. We have provided
Maha - Owner - Best
Interior quality work and keep me challenging timelines and they have Outstanding. They respond to

All Flooring Needs appraised of options. meet them each time. No emails same day. Yes

They work on schedules and they have Good communication - my

They are professional - their work not experienced any delays due to Ace office loves working with Edgar

Flooring Work matches our expectations Flooring No - he's hands on Yes

Daniel Villanueva - Tile Installation at 801 Worked with them for years. Their Yes- they meet the deadlines that we No Extremely responsive, they Yes 5
Project Manager South Brickell craftsmen are great and they do established. If we have had any delays, take ownership
Florida Construction great work. it was manufacture related and they
usually have a flexible schedule to
make up for it.

CARPET INSTALLATION AGREEMENT

THIS AGREEMENT is made and entered into this ____day of June, 2014, between ICONBRICKELL
CONDOMINIUM NO. ONE ASSOCIATION, INC., a Florida Non Profit Corporation, with a principal place of
business located at 465 Brickell Avenue, Suite 202, Miami, Florida 33131 (hereinafter referred to as
"Association") and _______________________________________________ INC., a Florida Corporation,
with a principal place of business located at ___________________________________ (hereinafter referred
to as "Contractor") for the removal and disposal of existing carpet and padding and the furnishing and
procurement/purchase and installation of new carpet and related necessary components in the
corridor/hallways of the Iconbrickell Condominium No. One located at 465 Brickell Avenue, Miami, Florida
33131 (hereinafter referred to as the "Property"), in accordance with the Agreement Documents, hereinafter
defined.

That the Association and Contractor for the consideration hereinafter named, agree as follows:

1. Agreement Documents. In addition to this Agreement, the following documents shall comprise the
agreement documents ("Agreement Documents"):

(A) The Contractor’s Scope of Work, dated ______________________, 2019, consisting of
_________ pages, attached hereto and incorporated herein as Exhibit "A"; and

(B) The Contractor's Certificate of Insurance attached hereto and incorporated herein as Exhibit
"B".

(C) The Contractor’s License with the State of Florida and W9 Form from the Internal Revenue
Service as Exhibit “C”.

(D) Product Specifications for the carpet and related materials necessary for installation as Exhibit
“D”.

(E) Warranties for all materials, including carpet used by Contractor for installation of the Work as
Exhibit “E”.

(F) Contractor’s Warranty as Exhibit “F”.

(G) Payment and Performance Bonds as Exhibits “G”.

Any of the Agreement Documents not attached hereto are hereby incorporated by reference and shall be
deemed to be of the same force and effect as if actually attached hereto. The Agreement Documents shall be
interpreted together and in harmony with one another. However, in the case of conflict between this
Agreement and the other Agreement Documents, this Agreement shall control. The Contractor must call any
such conflict or discrepancy to the Association's attention, in writing, prior to executing this Agreement. In the
case of any conflict between the Agreement Documents regarding the obligations or responsibilities of
Contractor, whichever document imposes the greater obligation on the Contractor shall be controlling.

2. Scope of Work. The Contractor will provide all materials, supervision, labor, tools and equipment
necessary to complete the work in strict accordance with the Agreement Documents, and perform all work
that is reasonably inferable therefrom as being necessary to accomplish the intent of the Agreement
Documents, and as required by all applicable laws, ordinances and rules and regulations of any governing
authority. The Work, as indicated in Exhibit “A”, includes the removal of existing carpet,
purchase/procurement of new carpet and installation of same consisting of approximately 12,300 sq. yd. on
57 floors at the Property. The work to be performed shall hereinafter be referred to as the "Work". The
description of the carpet is as follows: ______________________________________________.

3. Time of Commencement and Completion. The Contractor shall commence the Work no later than
_____________________________________ and shall complete the Work within __________ (____)
consecutive weeks from the date of commencement of the Work. Contractor acknowledges that as part of the

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Work, it must order and purchase all carpet and related materials. All Work shall be performed in an
expeditious manner subject to any authorized extensions of time as set forth in Article 11 of this Agreement.

4. Agreement Sum. The Association shall pay the Contractor for the performance of the Work in
current funds the guaranteed lump sum of __________________ Thousand _______________________
Hundred __________________ Dollars and _____________ Cents ($_______________), inclusive of all
taxes, licenses, materials, warehousing, handling, delivery and fees. The Contractor shall be responsible for
obtaining any permits that may be required for the performance of the Work from any governing authorities
having jurisdiction. The Association shall reimburse Contractor for the processing fee and the actual cost of
any required permits.

5. Payments.

A) Payments shall be made in accordance with the following schedule:

i. TO BE DETERMINED

iii. Final Payment in the amount of TO BE DETERMINED upon completion of all Work
subject to the provisions set forth below.

B) Final payment shall not be due until the Contractor has delivered to the Association, a complete
release of all liens and releases or waivers of lien from all lienors who have served a notice to owner to
Association arising out of this Agreement, a final contractor's affidavit pursuant to Section 713.06(2), Florida
Statutes, and a fully executed Manufacturer’s warranty provided the Work has been inspected and accepted
by the Association's Representative and any governmental authorities required to inspect the Work and all
permits have been closed. Final payment may be withheld on account of (1) defective work not remedied, (2)
claims of liens filed, (3) failure of the Contractor to make payments properly to subcontractors or for labor,
materials, or equipment, (4) failure to provide waivers of lien for all lienors giving notices, (5) damage to the
Property or to the real or personal property of any owners or tenants caused by Contractor, its subcontractors,
sub-subcontractors, materialmen or agents or any tier of their respective employee in which case a
reasonable estimated amount of such damages, to be determined by the Association’s Representative, shall
be withheld from Contractor’s payment until such damages are satisfactorily corrected; provided that should
Contractor fail to correct such damages within seven (7) calendar days of the Association providing written
notice of such damages, the Association shall be entitled to make such repairs and deduct the amount
incurred to repair such damages from the payment due to Contractor, (6) failure of the Work to progress
satisfactorily or according to schedule, (7) failure to carry out the Work in accordance with the Agreement
Documents or (8) the Work is not approved by the Association’s Representative or the appropriate
governmental authorities required to inspect the Work. The Association may, in accordance with Section
713.06, Florida Statutes, make all or any portion of final payment by check payable jointly to the order of
Contractor and any lienor giving timely notice, or may make such payment directly to such lienor and deduct
said payment from the sum due Contractor. No payments made under this Agreement shall be evidence of
performance of this Agreement, either wholly or in part, and no payment including final payment shall be
construed to be an acceptance of defective work or improper materials, nor shall use of the Work by the
Association constitute acceptance of the Work hereunder or any part thereof.

6. Association's Representative. _____________________________ or such other individual as may
be subsequently designated by the Association shall be the Association's Representative during performance
of the Work and until issuance of the final Certificate for Payment and shall hereinafter be referred to as the
"Association's Representative". The Association's Representative shall at all times have access to the Work.
The Association's Representative will make periodic visits to the site to familiarize himself with the progress
and quality of the Work and to determine if the Work is proceeding in accordance with the Agreement
Documents. Based on such inspections, the Association's Representative will determine the amount owing to
the Contractor and will issue certificates authorizing payment in accordance with Article 5 of this Agreement.
No issuance of a payment shall constitute an acceptance of any Work not in accordance with the Agreement
Documents. The Association's Representative will be, in the first instance, the interpreter of the requirements
of the Agreement Documents. They will make decisions on all claims and disputes between the Association
and the Contractor. The Association Representative’s decision as it relates to the following items shall be
final: interpretation and requirements of the Agreement Documents, conformance of Contractor's Work with

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the Agreement Documents, all matters relating to artistic effect of the Work, and minor changes in the Work.
The Association's Representative will have authority to reject Work which does not conform to the Agreement
Documents. In such event, Contractor shall have forty-eight (48) hours to correct such Work to the
reasonable satisfaction of the Association's Representative.

7. Contractor’s Representative.

7.1 Contractor represents that it is a properly qualified and in good standing with the State of
Florida and is a corporation in good standing, organized and existing under the laws of the State of Florida.
Contractor further represents that it has read, examined and understands the pertinent Agreement
Documents and is well qualified and able to perform the Work; that it has a sufficient number of qualified
personnel to assure timely performance of this Work; that it has the proper tools and equipment to perform
this Work; and is financially capable of performing this Agreement; that all materials incorporated in the Work
will be new unless otherwise specified, and that all Work will be of first quality, free from faults and defects
and in conformance with the Agreement Documents. All Work not so conforming to these standards may be
considered defective. The Contractor shall supervise and direct the Work using its best skill and attention. All
Work shall be performed by craftsmen skilled in the trades and application of materials involved. The
Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs
in connection with the Work and shall comply with all OSHA regulations regarding job safety and all applicable
laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety or
persons or property.

7.2 The Contractor at all times shall keep the Property free from accumulation of waste materials
or rubbish caused by its operations. At the completion of the Work for each floor, Contractor shall remove, at
its sole cost and expense, all its waste materials and rubbish from and about the Property as well as its tools
and equipment, shall clean all surfaces, and shall leave the Work "broom clean" or its equivalent, except as
otherwise specified. Contractor agrees to immediately repair at its sole cost and expense all damages to the
Property arising from or relating to Contractor's performance of the Work.

7.3 Contractor warrants and represents to the Association that Contractor has visited the site of
the Work, examined the actual job conditions and that Contractor is familiar with local conditions and all things
required that will have a bearing on the performance of Contractor's work and Contractor's costs. Contractor
shall be responsible to perform any additional inspections and conduct any necessary tests as may be
required to determine the suitability of the site conditions. Failure on the part of Contractor to completely or
properly evaluate any factors of costs prior to signing this Agreement shall not form a basis for additional
compensation. Execution of this Agreement shall be conclusive evidence that Contractor has investigated
and is satisfied as to the site conditions to be encountered, as to the character, quality and quantities of Work
to be performed and materials to be furnished, and as to the requirements of the Agreement Documents.

7.4 Contractor shall perform the Work between 8:30 a.m. and 4:30 p.m. Monday through Friday.
Any changes in the working hours or days shall be subject to the prior written approval of the Association. The
Association shall provide, when available, five (5) parking spaces at the property for Contractor’s use with the
acknowledgment, understanding and acceptance by Contractor that said parking spaces are limited in height
and large trucks may not be able to utilize said spaces.

7.5 The carpet will be received and stored, prior to installation, in the installer’s warehouse at no
additional cost to the Association. All the preparation and the precutting of the carpet will take place in the
warehouse. Upon receipt of the carpet, Contractor will prepare a detailed installation schedule. The schedule
will include dates, daily hours during which the installation will take place. In addition, Contractor shall provide
Association with a weekly progress report. Contractor will keep to a schedule and complete the installation of
new carpet on three (3) floors a day.

7.6 Contractor acknowledges that floor preparation can only be determined once the existing
carpet is removed and the condition of the floor is assessed. Contractor will advise the Association in advance
regarding the need for floor preparation for each floor. Contractor warrants and represents that it they will only
rip and remove the existing carpet with the Association’s Representative being present. If the Contractor
removes the existing carpet without the Association’s Representative being present, the Contractor shall be
responsible for the cost of any floor preparation for that entire floor.

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7.7 Contractor is responsible for removing and disposing of the existing carpet. The Association
agrees to cooperate by allowing dumpsters on site.

8. Storage. Contractor shall be permitted to store its equipment or materials on the Property at no cost
to Contractor. The Association shall not be liable or responsible for any damages to such materials or
equipment, including but not limited to any damages arising from theft or vandalism of such materials or
equipment. Contractor shall be responsible to fully insure all materials and equipment on the Property.

9. Indemnity. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the Association, the Association’s Representative, its officers, directors, agents and employees (the
"Indemnified Parties") from liability, damages, losses and costs, including, but not limited to, reasonable
attorney's fees, at both the trial and appellate level, caused in whole or in part by any act, omission or default
of the Contractor, any of the Contractor’s subcontractors, sub-subcontractors, materialmen or agents or any
tier of their respective employees or the Indemnified Parties arising from this Agreement or its performance.
However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or
willful, wanton or intentional misconduct of the Indemnified Parties or for statutory violations or punitive
damages except and to the extent the statutory violation or punitive damages are caused by or result from the
acts or omissions of the Contractor or any of the Contractor’s subcontractors, sub-subcontractors,
materialmen or agents or any tier of their respective employees. To the extent that the Contractor’s obligation
to indemnify as set forth herein arises in whole or in part by the acts, omissions, or defaults of the Indemnified
Parties, such obligation shall be limited to One Million Dollars ($1,000,000.00) per occurrence which sum the
parties hereto acknowledge bears a reasonable commercial relationship to this Agreement and shall be
deemed part of the project specifications and bid documents. The provisions of this paragraph shall survive
termination of this Agreement.

10. Subcontracts. Contractor may subcontract portions of the Work contemplated under this Agreement
upon submission and approval of the Association of its proposed subcontractor which approval may be
withheld for any reason within the sole discretion of the Association. Contractor hereby assigns to Association
all its contract rights with respect to subcontractors and material and equipment suppliers that provided work,
materials and equipment to this project in accordance with the Agreement Documents, including but not
limited to all Contractor's rights to make claims regarding quality of the work, merchantability of the materials
and equipment, feasibility and fitness for the particular purpose of materials, equipment and workmanship
described in this Agreement. It is further agreed that all subcontracts and material and equipment purchase
contracts entered into by Contractor or its subcontractors or material suppliers, shall contain a provision
stating that the Association may bring a claim directly against any subcontractor of Contractor for breach of
Contract, warranty rights, quality of workmanship, merchantability of equipment, feasibility and fitness for the
particular purpose of materials and equipment and workmanship, and create third party beneficiary rights of
Association in said agreements. It is further agreed and understood that such assignment(s) is part of the
consideration to Association for entering into this Agreement with Contractor and may not be withdrawn.
Additionally, nothing contained in this Agreement shall constitute an assignment of Contractor's rights against
Association or create any third party beneficiary rights in any subcontractors or material and equipment
suppliers of Contractor. The purpose of this provision is to allow the Association, in addition to Contractor, to
make claim for damages or indemnification against any subcontractors or material and equipment suppliers
that may be ultimately responsible for breach of this Agreement, defects or deficiencies in the Work or
materials and equipment. The assignment(s) referred to herein shall only take effect when the Association
elects to take such assignment(s).

11. Time. All time limits stated in the Agreement Documents are of the essence in this Agreement. If the
Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor
disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control,
or by any cause which Association's Representative may determine justifies the delay, then the Agreement
Time shall be extended by written Change Order for such reasonable time as the Association's
Representative may determine. All requests for extensions of time other than those associated with changes
in the Work, must be submitted in writing to the Association Representative within two (2) business days of
the event giving rise to the delay. Failure to so request an extension will constitute a waiver of any right for an
extension of time. In the event that Contractor is delayed in the progress of the Work, and is granted an
extension of time in which to perform the Work; in no instance will Contractor be entitled to increased costs,

4

compensation or damages as a result of delay. All damages that may occur by reason of delay are hereby
waived by the Contractor. The parties agree that time is of the essence in the performance of this Agreement.
Completion of the Work under this Agreement shall be no more than _______________ consecutive weeks
from the date of receipt of materials for installation as specified in Article 3 subject to any authorized
extensions of time as indicated by a written change order pursuant to this Article. In the event the Work is not
completed within the time period specified in Article 3 and has not been extended by change order, the
Association shall be entitled to collect liquidated damages. Contractor and Association agree that, because of
the nature of the Work, the inability of the parties to precisely calculate actual damages for delay and the
impossibility of determining these damages, the sum of Three Hundred Twenty Five Dollars and No Cents
($325.00) shall be assessed for each calendar day of delay in completion of the Work as liquidated damages.
It is hereby agreed that the amount of the per diem assessment is not a penalty and not excessive in light of
the circumstances known to the parties at the time this Agreement is executed. This provision for liquidated
damages for delay shall not affect the Association's right to terminate this Agreement as provided in Article
17. The Association's exercise of its right to terminate this Agreement shall not release the Contractor from its
obligation to pay liquidated damages in the amount set forth herein. Such assessments shall be immediately
due and payable to the Association or, at the Association's option may be deducted from future payments that
may be due and owing to Contractor.

12. Insurance. Contractor shall purchase and maintain such insurance as will protect Contractor and the
Association from claims under Worker's Compensation acts and other employee benefit acts, from claims for
damages because of bodily injury, including death and from claims for damages to property which may arise
out of or result from the Contractor's operations under this Agreement, whether such operations be by itself or
by any subcontractor or anyone directly or indirectly employed by any of them. The Contractor shall purchase
and maintain insurance coverage with limits of not less than specified in the Agreement Documents or as
otherwise agreed to in writing by the Association, Association’s Representative and Contractor. The
Association requires that the Contractor maintain an Umbrella Insurance Policy of a limit of at least Five
Million Dollars and No Cents ($5,000,000.00). The required insurance limits for the Work is referenced within
the Contractor’s Certificates of Insurance as attached hereto and incorporated herein as Exhibit “B”.

12.1 With the exception of the Worker’s Compensation insurance, by endorsement in a form acceptable to
the Association, the Association and Iconbrickell Master Association, Inc., shall be named as an additional
insureds in all policies required to be maintained hereunder and the Contractor shall submit to both
Associations the additional insured endorsement to the policies and a certificate of insurance reflecting same.
Additionally, the Contractor’s policies, including the general liability policy, auto policy and umbrella policy,
must provide additional insured coverage on a primary and non-contributory basis and shall submit to the
Association an endorsement to the policies and a certificate of insurance reflecting same. Finally, all policies
must include a waiver of subrogation in favor of the Association. As a condition precedent to entitlement to
any and all payments under this Agreement, Contractor must maintain the above-described coverage and
upon request by the Association furnish a copy of all policies to the Association and the endorsements.
Certificates of Insurance shall be delivered to the Association prior to the commencement of the Work, and
said certificates shall contain a provision, whether by endorsement or otherwise, that coverage afforded under
the policies will not be canceled without thirty (30) days prior written notice to the Association to the same
extent Contractor is entitled to receive such notice. In the event Contractor should fail to pay the insurance
premiums, the Association, at its option, may pay the premiums and deduct said amount from the Agreement
Sum.

12.2 Contractor shall ensure that all tiers of its subcontractors and sub-subcontractors, if applicable shall
maintain insurance in like form and amounts, including the Additional Insured requirements. Each
subcontractor and sub-subcontractor shall provide Certificates of Insurance and applicable endorsements to
the Contractor prior to the start of the subcontractor’s or sub-subcontractor’s Work on this Project.
Subcontractor shall mean any entity that has a direct contract with the Contractor to perform a portion of the
Work under a construction contract; and sub-subcontractor means any entity that has a direct contract with
another subcontractor to perform a portion of the Work under a construction contract.

13. Correction of Work and Warranty. The Contractor shall, within forty-eight (48) hours of written
notice from Association, commence and diligently and continuously proceed to correct any work that fails to
conform to the requirements of the Agreement Documents and unconditionally guarantees and warrants that
it shall correct any defects due to faulty materials, equipment and/or workmanship which appear within a

5

period of one (1) year from the date of final payment of the Work. The provisions of this Article 13 apply to
work done by subcontractors as well as to work done by the Contractor. In addition, Contractor is fully
responsible for obtaining for the Association the Manufacturers’ Warranties. Notwithstanding anything set
forth in the Manufacturer’s Warranty to the contrary, those items specifically covered by the Manufacturers’
Warranties and any disclaimers and limitations on liability shall in no way be deemed to limit Contractor's
warranty and liability herein and are in addition to and not in lieu of the Contractor's warranty. This warranty is
not in lieu of but is in addition to any other warranties, express or implied, which may be provided by law.

The Contractor shall bear all costs of correcting such defective work. This obligation shall survive
termination of this Agreement. If Contractor should default in the performance of any of its warranty
obligations, it shall be responsible for all damages, fees or costs incurred by the Association in enforcing the
provisions of this Article, including, but not limited to, all attorney’s fees, engineering and consulting fees or
other expenses incurred. Without limiting the generality of the foregoing, if any warranty repairs are not
performed within the specified time, emergency repairs performed by others shall not void the warranty and
the Contractor shall reimburse the Association for all costs incurred in connection with the performance of
such repairs.

Nothing contained in this Article 13 shall be construed to establish a period of limitation with respect to
any other obligation which the Contractor might have under the Agreement Documents or law. The
establishment of the time period set forth above relates only to the specific obligation of the Contractor to
correct the Work, and has no relationship to the time within which his obligation to comply with the Agreement
Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Contractor's liability with respect to his obligations and any damages caused by the Contractor
including but not limited to any action commenced by the Association for negligence, strict liability, breach of
contract or warranties.

14. Changes. Any changes in the Work or any adjustment in the Agreement Sum or time shall only be
made upon written change order executed by the Association or the Association’s Representative and
Contractor. If Contractor proceeds with such work without obtaining a written change order it shall be
assumed that Contractor has performed such work at no additional charge. The requirement for written
change orders under this Article cannot be waived.

15. Compliance with Laws. The Contractor shall give all notices, and warrants and represents that the
Work and material furnished in connection with the Work will comply with all federal, state and local laws,
ordinances, rules, regulations, building code(s), including, but not limited to the Florida Building Code, and
orders of any public authority having jurisdiction over the Work. Contractor acknowledges that Association
does not have the knowledge to determine compliance with the foregoing items and is relying on Contractor's
knowledge and expertise of same. Contractor shall be liable for any deviation from any laws, ordinances,
rules, regulations, and orders of any public authority even if in strict compliance with the Agreement
Documents. Contractor shall bear sole responsibility for and bear all costs necessary to insure full
compliance with the representations contained herein, including, but not limited to any attorney's fees or other
expenses incurred by Association in responding to any complaints, citations, court orders, administrative
orders or similar governmental edicts or process. The provisions of this paragraph shall survive the
termination of this Agreement.

16. Submittals. The Contractor shall review, approve and submit to the Association for review and
approval by the Association's Representative all other product data, samples and similar submittals to be
used in connection with the Work, with reasonable promptness and in such sequence as to cause no delay in
the Work. By approving and submitting their proposal, attached hereto as Exhibits “A”, samples and similar
submittals, the Contractor represents that he has determined and verified materials, estimated field
measurements and field construction criteria related thereto, or will do so, and has checked and coordinated
the information contained within such submittals with the requirements of the Work and of the Agreement
Documents. The Contractor shall not be relieved of responsibility for deviations from requirements of the
Agreement Documents or applicable laws and/or building codes by the Association's Representative's
approval product data, samples or similar submittals unless the Contractor has specifically informed the
Association's Representative in writing of such deviation at the time of submittal and the Association's
Representative has given written approval to the specific deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in product data, samples or similar submittals by the Association's

6

Representative's approval thereof. The Contractor shall perform no portion of the Work requiring submittal
and review product data, samples or similar submittals until the respective submittal has been approved by
the Association's Representative. Such Work shall be in accordance with approved submittals.

17. Termination. If the Association fails to issue payment for a period of thirty (30) business days
through no fault of the Contractor, the Contractor may, after seven (7) business days written notice to the
Association terminate this Agreement, unless the Association cures such default, and recover from the
Association payment for all work executed and for any proven loss for work performed and on any materials,
equipment, tools, and construction equipment and machinery, but which sum shall never exceed the
Agreement Sum less the cost to complete any remaining work. This sum shall be Contractor’s sole remedy
under this Agreement.

If the Contractor cannot satisfy the conditions and obligations imposed by the Agreement Documents,
or breaches any of the terms of this Agreement then the Association may, without prejudice to any right or
remedy and after giving the Contractor two (2) days written notice, terminate this Agreement and take
possession of the site and of all materials, owned by the Contractor and finish the work by whatever method
the Association deems expedient. In such case, the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of the Agreement Sum exceeds the cost of
completing and correcting the Work such excess shall be paid to the Contractor. If such costs exceed the
unpaid balance, the Contractor shall pay the difference to the Association. This provision shall in no way limit
the Association's right to claims for any additional damages including but not limited to delay and
consequential damages. This obligation for payment shall survive termination of this Agreement.

The Association may also terminate this Agreement for the Association’s convenience and without
cause upon three (3) business days written notice to Contractor. If Contractor is terminated for convenience,
Contractor shall be paid for all Work completed through the date of termination, less payments made and any
amounts that the Association is entitled to withhold pursuant to the terms of this Agreement and by law.
Contractor waives any and all claims for damages resulting from such termination for convenience, including
without limitation anticipated profits and any and all damages.

18. Transfer of Lien. In the event any liens should be filed against the Property by any subcontractors or
material suppliers, in connection with labor or services performed, the materials incorporated into or delivered
to the Property, Contractor shall indemnify and hold Association harmless against all such liens and suits or
other proceedings pertaining thereto including any and all costs and attorneys' fees, at both the trial and
appellate level, provided Contractor has received proper payments in accordance with this Agreement or the
Association has withheld payment in accordance with this Agreement. If any such liens are filed then
Contractor must transfer such lien within five (5) calendar days of receipt of written notice of the filing of the
lien by, (A) depositing in the office of the Clerk of the Circuit Court an amount sufficient to transfer said lien, or
(B) by filing with the Clerk's office a bond executed as surety licensed to do business in the State of Florida in
accordance with the provisions of Section 713.24, Florida Statutes, and its successors. Should Contractor fail
to transfer such lien, the Association may, at its option, do so and deduct the amount expended, including all
costs and attorney’s fees incurred, from any payment then due Contractor.

19. Miscellaneous. In connection with any litigation including appellate proceedings arising out of this
Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. This
Agreement shall be construed under and in accordance with the laws of the State of Florida. Any legal
proceeding arising from this Agreement shall be brought only in a court of competent jurisdiction in Miami-
Dade County, Florida. Neither party to this Agreement shall assign the Agreement or sublet it as a whole
without the prior written consent of the other. The partial or complete invalidity of any one or more provisions
of this Agreement shall not affect the validity or continuing force and effect of any other provision. The failure
of either party hereto to insist, in any one or more instances, upon the performance of any of the terms,
covenants or conditions of this Agreement, or to exercise any right herein, shall not be construed as a waiver
or relinquishment of such term, covenant, condition or right as it respects further performance. No change or
modification of this Agreement shall be valid unless in writing and signed by all parties hereto. In construing
this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular,
the use of any gender shall be held to include every other and all genders. This Agreement may be executed

7