HomeMy WebLinkAboutAttachment AATTACHMENT A
This Attachment is hereby incorporated and made a part of the Contract between the Dade
Heritage Trust (DHT) and Turnkey Construction (Contractor). The provisions of this attachment
supersede any clauses in the Contract and should there exist a conflict between this Attachment
and the Contract the provisions of this Attachment shall prevail.
1. DEFINITIONS
City means the City of Miami, Florida, a Florida municipal corporation. In all respects
hereunder, City's performance is pursuant to the City's capacity as advisor to DHT and
owner of the land on which the Project is to be constructed. ,In the event the City
exercises its regulatory authority as a governmental body, the exercise of such
regulatory authority and the enforcement of any rules, regulations, codes, laws and
ordinances shall be deemed to have occurred pursuant to City's authority as a
governmental body and shall not be attributable in any manner to the City as a party to
this Agreement. For the purposes of this Agreement, °City" without modification shall
mean the City Manager or Director, as applicable.
City's Project Manager means an employee or representative of the City assigned by
the Director or the Department of Capital Improvement Programs (CIP) to manage and
monitor the Work to be performed under this Agreement and the construction of the
Project.
2. Project Management
The Dade Heritage Trust as part of their agreement has delegated the responsibility for
the management of the construction of this project to the City of Miami Department of
Capital Improvement Programs (CIP) in conjunction with the Architect of Record as
representative of DHT. The Project Manager designated by CIP shall have authority for
the management of this project as further detailed in Article 3 of this Attachment to the
contract between Dade Heritage Trust (DHT) and Turnkey Construction for the
restoration of Old Miami High.
3. Authority Of The City Project Manager
The Director hereby authorizes the City's Project Manager, working in conjunction with
the Architect of Record (AOR) , to determine or answer, all questions of any nature
whatsoever arising out of, under or in connection with, or in any way relating to or on
account of the Work, and/or as to the interpretation of the Work to be performed.
The General Contractor shall be bound by all determinations or orders of the City's
Project Manager in conjunction with the AOR and shall promptly respond to requests of
the Project Manager, including the withdrawal or modification of any previous order, and
regardless of whether the General Contractor agrees with the Project Manager and
AOR s determination or requests Where -iequests"afe rriaae orally; tfie Projet Manage
will follow up in writing, within 24 hours.
The City's Project Manager in conjunction with the AOR shall have authority to act on
behalf of the DHT to the extent provided by the Agreement between the City and the
DHT. All instructions to the General Contractor shall be issued in writing. All
instructions to the General Contractor shall only be issued through the Architect of
Record in conjunction with the City's Project Manager.
Dade Heritage Trust Initials Turnkey Construction's Initi
The City's Project Manager shall have access to the Project Site during normal work
hours. The General Contractor shall provide safe facilities for such access so the Project
Manager may perform his functions under the Agreement. The Project Manager may
make periodic visits to the Work Site to become generally familiar with the progress and
quality of the Work, and to determine if the Work is proceeding in accordance with the
Construction Documents.
The City's Project Manager will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in
connection with the Work, and will not be responsible for the Contractor's failure to carry
out the work in accordance with their contract with DHT.
The City's Project Manager in conjunction with the AOR will have authority to reject work
that does not conform to the Construction Documents. In the event of a dispute between
the AOR and City's Project Manager the issue shall be brought to the attention of the
Director of the Department of Capital Improvements Program for resolution and final
determination. Whenever, in his or her opinion, it is considered necessary or advisable
to insure the proper implementation of the Construct ion Documents, the City's Project
Manager in conjunction with the AOR will have authority to require special inspections or
testing of the work, whether or not such work is fabricated, installed or completed.
Neither the City's Project Manager's authority to act under this Article, nor any decision
made by him/her in good faith either to exercise or not to exercise such authority, shall
give rise to any duty or responsibility of the Project Manager to the Contractor, any Sub -
Contractor, supplier or any of their agents, employees, or any other person performing
any of the work. Such tests will be conducted at nocost to the Contractor unless such
test evidence that the work was not completed in accordance with the requirements of
the Construction Documents or applicable building codes. in such instance DHT shall
be reimbursed for the cost of such tests by the Contractor.
The City's Project Manager in conjunction with the AOR shall have the right to approve
and issue Supplemental Instructions setting forth written orders, instructions, or
interpretations concerning the Contract Documents or its performance.
All interpretations and recommendations of the City's Project Manager in conjunction
with the AOR shall be consistent with the intent of the Construction Documents.
The City's Project Manager will not be responsible for the acts or omissions of the
Contractor, or anyone employed or contracted directly or indirectly by the Contractor
including any Sub -Contractor or any of their agents or employees, or any other persons
performing any of the Work.
The City's Project Manager in conjunction with the AOR shall review and approve all
payment requisitions from the Contractor. The City will not reimburse the DHT for
construction work without the approval of the City's Project Manager.
4. Correction Of Work .
Where the City's Project Manager becomes aware of faults, defects or non -conformity in
any of the work being performed by the Contractor, the City will coordinate any required
action with the Architect of Record to ensure correction of the Work. The City's Project
Manager in conjunction with the AOR shall have the authority to issue a Notice to Cure
to the Contractor for correction. In no event shall the failure of the City to bring to the
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attention of the Contractor such faults act as a waiver or release the Contractor from
responsibility or liability for such fault, defect or non -conforming work.
5. Defective Work
The AOR shall have primary responsibility for the approval, disapproval or rejection of
the Work. However, the City's Project Manager shall have the authority to reject or
disapprove work which City's Project Manager in conjunction with the AOR finds to be
defective. If required by City's Project Manager the Contractor shall promptly either
correct all defective work or remove such defective work and replace it with non -
defective work. The Contractor shall bear all direct and indirect costs of such removal or
corrections including cost of testing laboratories and personnel.
Should General Contractor fail or refuse to remove or correct any defective Work or to
make any necessary repairs in accordance with the requirements of the Construction
Documents within the time indicated in writing by City's Project Manager or the Architect
of Record, the City and OHT shall have the authority to cause the defective work to be
removed or corrected, or make such repairs as may be necessary and the DHT may
declare Contractor in default.
Failure to reject any defective work or material shall not in any way prevent later
rejection when such defect is discovered, or obligate final acceptance.
6. NoTicEs
Whenever either party desires to give Written Notice unto the other, such must be
addressed to the party for whom it is intended at the place last specified; and the place
for giving of notice shall remain such until it shall have been changed by Written Notice
in compliance with the provisions of this Article. Notice shall be deemed given seven (7)
days of mailing by certified, return -receipt mail, if mailed through the United States
Postal Service. Notice shall also be sent via e-mail or facsimile. Notice shall be deemed
given via courier/delivery service upon the initial delivery date by the courier/delivery
service. For the present, the parties designate the following as the respective places for
giving of notice:
For Turnkey Construction:
Raymond C. Tepper
Principal
14411 South Dixie Highway, Suite 215
Miami, Florida 33176
For Dade Heritage Trust:
Ms. Becky Roper Matkov
Chief Executive Officer
Historic Preservation -Center
190 SE 12th Terrace
Miami, Florida 33131
For the City of Miami
Mr. James E. Brittain, PE
Project Manager
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City of Miami
Department of Capital Improvements
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
7. Indemnification
Contractor shall indemnify and hold harmless City and DHT, its officers, agents,
directors, and employees from liabilities, damages, losses, and costs, including, but not
limited to reasonable attomey's fees, and costs to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of Contractor and persons employed or
utilized by Contractor in the performance of this Agreement. This indemnifications shall
survive the term of this Agreement. In the event that any action or proceeding is brought
against City andlor DHT by reason of any such claim or demand, Contractor shall, upon
written notice from City and/or DHT, resist and defend such action or proceeding by
counsel satisfactory to City.
The indemnification provided above shall obligate Contractor to defend at its own
expense to and through appellate, supplemental or bankruptcy proceeding, or to provide
for such defense, at City's option, any and all claims of liability and all suits and actions
of every name and description covered above which may be brought against City
whether performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of this Agreement. This
indemnity will be interpreted under and construed to conform to the laws of the State of
Florida, including without limitation and interpretation §725.06 and/or §725.08, Fla.
Statute.
Contractor shall require all Sub -Consultant and Sub -Contractor agreements to include a
provision that they will indemnify the City and DHT.
8. INSURANCE
The Contractor shall not start Work until the Contractor has obtained the insurance
required and DHT and the City and the City has approved such insurance.
Companies Providinq Coverage
All insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida and satisfactory to the Risk Administrator.
All companies shall have a Florida resident agent and be rated at least A(X), as
per A.M. Best Company's Key Rating Guide, latest edition.
Verification Of Insurance Coverage
The Contractor shall furnish certificates of insurance to DHT and the City for
review and approval prior to the execution of this Agreement and any
amendment ._ther_eto.. The_Ceri: sates_shall_clearly_indicate._hat._the Contractorhas_.
obtained insurance of the type, amount and classification required by these
provisions, in excess of any pending claims at the time of contract award to the
Contractor. Contractor shall maintain coverage with equal or better rating as
identified herein for the term of this Agreement. Contractor shall provide written
notice to the City and DHT of arty material change, cancellation and/or notice of
non -renewal of the insurance within 30 days of the change.
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Dade Heritage Trust Initials Turnkey Construction's Initia
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• Employee included as insured.
• Contractual Liability.
• Waver of Subrogation.
• Personal and Advertising Injury.
• Loading and Unloading.
• Mobile Equipment (General Contractor's Equipment) whether
owned, leased, borrowed or rented by General Contractor or
employees of the General Contractor.
• City of Miami and Dade Heritage Trust as Additional Insured.
Business Automobile Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
• Owned Vehicles.
• Hired, Borrowed, and Non -Owned Vehicles.
• Employers' Non -Ownership.
• Employees included as insured
• City of Miami and Dade Heritage Trust as Additional Insured
Umbrella Policy
Bodily injury and property damage liability with limits of Two Million
Dollars ($1,000,000) each occurrence and an aggregate limit of four
Million Dollars ($2,000,000) shall apply on a per project basis.
Excess coverage over the policies as follows:
• Commercial General Liability
Flood Insurance —When the machinery or equipment is located within an
identified special flood hazard area, flood insurance must be afforded for
the lesser of the total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage available under the
National Flood Program.
Owners and General Contractors Protective — City of Miami — Limits of
Liability for Bodily Injury & Property Damage Liability shall be in the
amounts of Two Million Dollars ($2,000,000.00) for each occurrence and
Two Million Dollars ($2,000,000.00) in the aggregate. City and DHT are to
be expressly included as Insured with respect to liability arising out of
operations performed for City and the DI -IT by or on behalf of Contractor
- or --acts- or omissions of Contractor -in connection -with -general -supervision- -
of such operation
Builders' Risk
Causes of Loss: All Risk -Specific Coverage Project Location
• Valuation: Replacement Cost
• Deductible: $2,500 All other Perils
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Dade Heritage Trust Initials Turnkey Construction's Initial
• 5% maximum deductible on Wind i i s Ay; «" (Se
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• City named as additional insureds. '�yf/'1
• Limit- at Site Adjusted to reflect total construction amount
• Coverage Extensions:
1. Materials, supplies and similar property owned by others
for which you are responsible.
2. Full coverage up to policy limits for equipment breakdown.
3. Temporary storage/transit coverage.
4. Full coverage up to policy limits for site preparation, re -
excavation, re -preparation and re -grade in the event of a
loss.
5. Fences, scaffolding, construction forms coverage and
signs
6. Valuable papers coverage for blueprints, site plans and
similar documents.
7. Trees, shrubs, sod, plants while at premises.
8. Flood, including inundation, rain, seepage and water
damage.
9. Business Interruption
10. Subsidence
11. Waiver of subrogation as respects the City and DHT
12. Escalation clause in the event of a total loss up to 5% of
policy limit.
13. Temporary structures, cribbing and false work built or
erected at construction site.
14. Debris Removal.
If the initial insurance expires prior to the completion of the Work, renewal copies of
policies shall be furnished at least thirty (30) days prior to the date of their expiration.
Notice of Cancellation and/or Modification —The policy (ies) must be endorsed to provide
City and DHT with at least thirty (30) days notice of cancellation and/or modification.
Submittal of Certificates— Contractor shall furnish to DHT and the City evidencing the
insurance coverage specified above within fifteen (15) calendar days after notification by
the City for any required renewals. The required Certificates of Insurance shall name
the types of policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract.
The official title of the City is the City of Miami, Florida. This official title shall be used in
all insurance documentation.
MODIFICATIONS To COVERAGE
The City reserves the right to require modifications, increases, or changes in the
required insurance requirements, coverage, deductibles or other insurance obligations
and shall provide a thirty (30) day written notice to the Contractor. In that event, the
Contractor shall comply with such requests unless the insurance coverage is not then
readily available in the national market, and may request additional consideration from
City accompanied by justification. All additional cost will be born by the City and the
DHT.
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Contractor's Commercial General, Auto, and Umbrella polices shall be primary
project coverage and noncontributory with polices maintained by City and DHT.
These policies shall name the City and DHT as additional insured.
Contractor shall furnish copies of insurance policies pertaining to this Contract
prior to the execution of this Contract.
Forms Of Coverage
Contractor shall provide, pay for, and maintain in force until all of its Work to be
performed under this Contract has been completed and accepted by City and
DHT (or for such duration as is otherwise specified hereinafter), the insurance
coverages set forth herein.
Workers' Compensation insurance to apply for all employees in
compliance with the 'Workers' Compensation Law" of the State of Florida
and all applicable federal laws. In addition, the policy (ies) must include:
Employers' Liability with a limit of Two Million Dollars ($2,000,000.00)
Dollars each bodily injury caused by an accident, each accident. Two
Million Dollars ($2,000,000.00) Dollars each bodily injury caused by
disease, each employee. Two Million Dollars ($2,000,000.00 Dollars
each bodily injury caused by disease, policy limit.
• Waiver of subrogation
Commercial General Liability with minimum limits of Two Million Dollars
($2,000,000.00) per occurrence combined single limit for Bodily injury
Liability and Property Damage Liability; General Aggregate Limit of Two
Million Dollars ($2,000,000.00) shall apply on a per project basis.
Coverage must be afforded on a form no more restrictive than the latest
edition of the General Liability policy, without restrictive endorsements, as
filed by the Insurance Services Office, and must include:
• Premises and/or Operations.
• Independent Contractors
• Products and/or Completed Operations for contracts with an
Aggregate Limit of Two Million Dollars ($2,000,000.00) per
project. General Contractor shall maintain in force until at least
three years after completion of all work required under the
Contract, coverage for Products and Completed Operations,
including Broad Form Property Damage.
• Explosion, Collapse and Underground Coverages.
• Incidental Medical Malpractice.
• Personal injury Coverage with Employee and Contractual
Exclusions_ removed, with.. minimurn _limits. of _coverage equal , to
those required for Bodily Injury Liability and Property Damage
Liability.
• City and DHT are to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for City by or on behalf of General Contractor or acts
or omissions of General Contractor in connection with general
supervision of such operation.
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10. PERFORMANCE BOND AND PAYMENT BOND
Prior to the execution of the Contract the Contractor shall furnish a Performance Bond
and a Payment Bond containing all the provisions of the Performance Bond and
Payment Bond attached hereto
• Each Bond shall be in the amount of one hundred percent (100%) of
the contract value guaranteeing to City and the DHT the completion
and performance of the Work covered in the amendment as well as
full payment of all suppliers, laborers, or Subcontractors employed
pursuant to this Project. Each Bond shall be with a Surety, which is
qualified pursuant to Article 11 below.
• Each Bond shall continue in effect for one year after Final Completion
and acceptance of the Work with liability equal to one hundred
percent (100%) of the final construction value, or an additional bond
shall be conditioned that Contractor will, upon notification by City or
DHT, correct any defective or faulty work or materials which appear
within one year after Final Completion of the Agreement.
• Pursuant to the requirements of Section 255.05(1)(a), Florida
Statutes, as may be amended from time to time, Contractor shall
ensure that the bond(s) referenced above shall be recorded in the
public records of Miami -Dade County and provide City with evidence
of such recording.
• Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, General Contractor may furnish
alternate forms of security, which may be in the form of cash, money order, certified
check, cashier's check or unconditional letter of credit. Such alternate forms of security
shalt be subject to the prior approval of City and for same purpose and shall be subject
to the same conditions as those applicable above and shall be held by City for one year
after completion and acceptance of the Work.
11. QUALIFICATION OF SURETY
• Bid Bonds, Performance Bonds and Payment Bonds over Five
Hundred Thousand Dollars ($500,000.00):
o Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
o The Surety shall hold a current certificate of authority as
acceptable `surety on federalbonds in accordance witl•i -United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set
forth in the circular, in order to qualify, the net retention of the
Surety shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury
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Circular 297, revised September 1, 1978 (31 DFR Section 223.10,
Section 223.111). Further, the Surety shall provide City with
evidence satisfactory to City, that such excess risk has been
protected in an acceptable manner.
o The City will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the
surety company based on the financial information available to the
City. A surety company that is rejected by the City may be
substituted by the Bidder or proposer with a surety company
acceptable to the City, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy -
Amount of Bond
500,001 to 1,000, 000
1,000,001 to 2,000,000
2,000,001 to 5,000,000
5,000,001 to 10,000,000
10,000,001 to 25,000,000
25,000,001 to 50,000,000
50,000,001 or more
Financial
Holders Size
Ratings Category
B+ Class
B+ Class II
A Class III
A Class iV
A Class V
A Class Vi
A Class ViI
• Should more than one Surety be utilized to underwrite the bond, one
Surety shall be designated as the Primary Surety and all other
Sureties shall provide a Power Of Attorney for the primary Surety to
act on their behalf for all matters pertaining to the project.
• Consent of Surety shall be obtained for all progress payments.
12. WARRANTY OF CONSTRUCTION
The Contractor shall warrant that the Work conforms to the Contract and is free of any
patent and/or latent defect of the workmanship for a minimum period of one year from
the date of Final Completion.
Exception to the above warranty:
• The warranty hereunder shall be in addition to whatever rights the City and the
DHT may have under law. The Contractor's obligation under this warranty shall
be at its own cost and expense, to promptly repair or replace (including cost of
remoTdFan installation-), that ifem (or pater or component thereof) which proves
defective or fails to comply with the Contract within the warranty period such that
it complies with the Contract
• in the event the Contractor fails to repair or replace defective Work in accordance
with the terms of the Contract, and this warranty, the City and the DHT shall have
the right to collect such costs incurred or withhold the cost of the anticipated
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Dade Heritage Trust initials Turnkey Construction's lnitials7.7zr e
repairs by offsetting the amount against any payment due the Contractor under
any contract between the City and the Contractor.
• AU guarantees and warranties under the Agreement are fully enforceable by the
City or the DHT acting in their own names.
• Contractor shall supply written statements from product manufacturers stating
that all materials were installed in accordance with manufacturer's
recommendations and that any warranties provided by the manufacturer are in
full effect.
13. CONSTRUCTION SIGNAGE
The City shall provide the Contractor the construction requirements, wording and layout
for the signs at the time of the pre -construction meeting. The Contractor shall be
required to furnish up to four (4) City of Miami signs at the Project Site.
The Contractor shall also post appropriate construction site warning signs at the Project
Site. Such signs shall be posted to warn pedestrian and vehicle traffic. Signage shall
also be placed waterside, where applicable, to alert boater to the construction zone,
requiring idle speed and a minimum clearance distance. Contractor shall provide
drawings for the signage, which shall be subject to approval by the City's Project
Manager.
The City shall approve the locations for all signage.
14. PERMITS, LICENSES AND IMPACT FEES
Except as otherwise provided within the Contract, all permits and licenses required by
federal, state or local laws, rules and regulations necessary for the prosecution of the
Work undertaken by Contractor pursuant to this Contract shall be secured and paid for
by Contractor and such cost is included as part of the fixed price for the Project. Any
additional impact fees or permit costs not required to commence construction shall be
reimbursed by DHT upon submission of supporting documentation. It is Contractor's
responsibility to have and maintain appropriate Certificate(s) of Competency, valid for
the Work to be performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of Competency
is required.
The Contractor shall arrange for any necessary inspections by governmental authorities
to enable the DHT to receive all necessary occupancy permit(s).
The Contractor shall comply with and give notices required by laws, ordinances, rules,
regulations and lawful orders of public authorities bearing on performance of the Work
pertaining to construction means and methods as opposed to design, including, but not
limited to, notice to neighboring landowners of any excavation Work. Copies of such
notices shall be available to the City and the DHT.
If the Contractor performs Work contrary to laws, statutes, ordinances, building codes,
and rules and regulations without notice to the City and the DHT, the Contractor shall
assume full responsibility for such Work and shall bear the attributable costs of
correction without increase in the value of the Contract, and such costs shall not be a
cost of the Work.
15. RECORD SET
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Contractor shall maintain in a safe place at the Project site one record copy and one
permit set of the Construction Documents, including, but not limited to, all Drawings,
Specifications, amendments, Change Orders, RFIs, and Field Directives, as well as all
written interpretations and clarifications issued by the Architect, in good order and
annotated to show all changes made during construction. The record Construction
Documents shall be continuously updated by Contractor throughout the prosecution of
the Work to accurately reflect all field changes that are made to adapt the Work to field
conditions, changes resulting from Change Orders, and Field Directives as well as all
written interpretations and clarifications, and all concealed and buried installations of
piping, conduit and utility services. Contractor shall certify the accuracy of the updated
record Construction Documents. As a condition precedent to DHT's obligation to pay
Contractor, the Contractor shall provide evidence, satisfactory to the City, DHT, and the
Architect, that Contractor is fulfilling its obligation to continuously update the record
Construction Documents. All buried items, outside the Project site, shall be accurately
located on the record Construction Documents as to depth and in relationship to not less
than two (2) permanent features (e.g. interior or exterior wall faces). The record
Construction Documents shall be clean and all changes, corrections and dimensions
shall be given in a neat and legible manner in red. The record Construction Documents
shall be available to the City, DHT and the Architect for reference. Upon completion of
the Work and as a condition precedent to Contractor's entitlement to final payment, the
record Contract Documents shall be delivered to the to the City.
16. AS -BUILT DRAWINGS
During the Work, Contractor shall maintain records of all deviations from the Drawings
and Specifications as approved by the Architect and Project Manager and prepare As -
Built Record Drawings showing correctly and accurately all changes and deviations
made during construction to reflect the work as it was actually constructed. it is the
responsibility of the Contractor to check the As -Built Drawings for errors and omissions
prior to submittal to the City and certify in writing that the As -Built Drawings are correct
and accurate, including the actual location of all internal piping, electrical/signal conduits
in or below the concrete floor. Indicate the size, depth and voltage in each conduit.
Legibly mark to record actual construction: On -site structures and site work as follows:
• Depths of various elements of foundation in relation to finish first floor datum.
• All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. changes in location. Horizontal and vertical
locations of underground utilities and appurtenances, referenced to permanent
surface improvements. Actual installed pipe material, class, etc.
• Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning
ducts with locations of dampers, access doors, fans and other items needing
periodic maintenance.
• Field changes in dimensions and details.
• Changes made by Architect's or Project Manager's written instructions or by
Change Order.
• Details not on original Construction Drawings.
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• Equipment, conduit, electrical panel locations.
• NE schedule changes according to Contractor's records and shop drawings.
Specifications and Addenda: Legibly mark each section to record:
• Manufacturer, trade name, catalog number and Supplier of each product and
item of equipment actually installed.
• Changes made by Architect's or Project Manager's written instructions or by
Change Order.
Approved Shop Drawings: Provide record copies for each process equipment, piping,
electrical system and instrumentation system.
As -built documents shall be updated monthly as a condition precedent to payment.
17. REQUESTS FOR INFORMATION (RFI)
The Contractor shall submit in writing a Request for Information (RFi) to the Architect,
with a copy to the City's Project Manager, where the Contractor believes that the
specifications or drawings are unclear or conflict. All requests must be submitted in a
manner that clearly identifies the drawing and/or specification section where clarification
or interpretation is being requested.
18. FIELD DIRECTIVES
Architect may at times issue Field Directives to the General Contractor based on visits to
the Project site. The City's Project Manager may issue Field Directives directly to the
Contractor where such are issued as a result of life, safety issues. Such Field Directives
shall be issued in writing and the Contractor shall be required to comply with such
directive. Where the Contractor believes that the directive is outside the scope of the
Work, the Contractor shall, within 48 hours, notify the Architect and the City's Project
Manager that the Field Directive is outside the scope of the Work. At that time the Field
Directive may be rescinded or the Contractor may be required to submit a request for a
Change Order proposal. Where the Contractor is notified of the Architect's or DHTs
position that the Field Directive is within the scope and the Contractor disagrees, the
Contractor shall notify the Architect and the City's Project Manager that the Contractor
reserves the right to make a claim for the time and monies based on the Field Directive.
At no time shall the Contractor refuse to comply with the directive. Failure to comply
with the directive may result in a determination that the Contractor is in default of the
Contract.
19. CHANGE ORDERS
Changes in the quantity or character of the Work of the Project which are not properly
the subject of Field Directives or Supplemental Instructions, including all changes
resulting in changes in the construction value or timeshall be authorized only by Change
Orders --approved in advance by the DHT- All -requests -for--Change-Orders shall- be
submitted to the Architect with a copy to the City's Project Manager.
17. APPUCABLE LAW AND VENUE OF LITIGATION
This Contract shall be interpreted and construed in accordance with and governed by
the laws of the State of Florida. Any suit or action brought by any party, concerning this
Contract, or arising out of this Contract, shall be brought in Miami -Dade County, Florida.
Dade Heritage Trust initials
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Turnkey Construction's Initials
Each party shall bear its own attomey's fees except in actions arising out of Contractor's
duties to indemnify the City under this Agreement where Contractor shall pay the City
and/or DHT's reasonable attomey's fees.
18. JOINT PREPARATION- INTERPRETATION
The language of this Contract has been agreed to by both parties to express their mutual
intent and no rule of strict construction shall be applied against either party hereto.
19. CONFIDENTIALITY
Unless authorized by the City, Contractor shall keep confidential all information
concerning and relating to this Project, including without limitation, any information and
documentation provided by employee or officers of the City to the Contractor any design
costs, drawings, specifications or any other materials prepared in connection with the
Work. General Contractor shall not disclose any confidential information to any persons
or other entities not listed above without the prior written consent of the City. Such
consent may be granted or withheld at the sole discretion of the City. The foregoing
shall not prohibit such disclosures as may be necessary in the performance of the Work
under this Contract or as required by law.
20. HURRICANE PREPAREDNESS
• During such periods of time as are designated by the United States Weather
Bureau as being a tropical storm/hurricane warning or alert, contractor shall
be required to take all necessary appropriate actions as required by Miami -
Dade County Code.
\ik Dade Heritage Trust Initials
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Turnkey Construction's Initials
FORM OF PERFORMANCE BOND
BY THIS BOND, We , as Principal, hereinafter called
General Contractor, and , as Surety, are bound to the Dade Heritage Trust of
Miami, Florida, as Obligee, hereinafter called Dade Heritage Trust, in the amount of
Dollars ($ ) for the payment whereof General Contractor and Surety
bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, General Contractor has by written agreement entered into this Agreement, awarded the
day of 20 , with Dade Heritage Trust which Contract Documents are by
reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to as the "Agreement";
THE CONDITION OF THIS BOND is that if General Contractor:
1. Performs the Agreement between General Contractor and Dade Heritage Trust for construction of
, the Agreement being made a part of this Bond by
reference, at the times and in the manner prescribed in the Agreement; and
2. Pays Dade Heritage Trust all losses, liquidated damages, expenses, costs and attomey's fees including
appellate proceedings, that Dade Heritage Trust sustains as a result of default by General Contractor under the
Agreement; and
3. Performs the guarantee of all Construction Work and materials furnished under the Agreement for the time
specified in the Agreement then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND
EFFECT.
4. Whenever General Contractor shall be, and declared by Dade Heritage Trust to be, in default under the
Agreement, Dade Heritage Trust having performed Dade Heritage Trust obligations thereunder, the Surety may
promptly remedy the default, or shall promptly:
4.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or
4.2. Obtain a bid or bids for completing the Project in accordance with the terms and conditions of the Contract
Documents, and upon determination by Surety of the lowest responsible Bidder, or, if Dade Heritage Trust
elects, upon determination by Dade Heritage Trust and Surety jointly of the lowest responsible Bidder,
arrange for a contract between such Bidder and Dade Heritage Trust, and make available as work
progresses (even though there should be a default or a succession of defaults under the Agreement or
contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less
the balance of the GMP; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the GMP," as used
in this paragraph, shall mean the total amount payable by Dade Heritage Trust to General Contractor under
the Agreement and any amendments thereto, less the amount properly paid by Dade Heritage Trust to
General Contractor.
No right of action shall accrue on this bond to or for the use of any person or corporation other than Dade
Heritages'rust named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Agreement or the changes does not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20
Page F-
Dade Heritage Trust Initials Turnkey Construction's Initials
FORM OF PERFORMANCE BOND
WITNESSES: GENERAL CONTRACTOR
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
ATTACHMENT A
Dade Heritage Trust
Old Miami High
(Name of Corporation)
By:
Signature
Print Name and Title
INSURANCE COMPANY:
By:
Agent and Attorney -in -Fact
Address:
Street
Dade Heritage Trust/State/Zip Code
Telephone No.
Page 15 /'
Dade Heritage Trust Initials Turnkey Construction's InitialL�
ATTACHMENT A
Dade Heritage Trust
Old Miami High
FORM OF PAYMENT BOND
(Page 1 of 2)
BY THIS BOND, We , as Principal, hereinafter called
General Contractor, and , as Surety, are bound to the Dade Heritage Trust of
Miami, Florida, as Obligee, hereinafter called Dade Heritage Trust, in the amount of
Dollars ($ ) for the payment whereof General Contractor and
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, General Contractor has by written agreement entered into this Agreement, awarded the
day of , 20 , with Dade Heritage Trust which Contract Documents are by
reference incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and
other damages identified, and for the purposes of this Bond are hereafter referred to as the "Agreement";
THE CONDITION OF THIS BOND is that if General Contractor:
1. Pays Dade Heritage Trust all losses, liquidated damages, expenses, costs and attomey's fees including
appellate proceedings, that Dade Heritage Trust sustains because of default by General Contractor under the
Agreement; and
2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and
supplies used directly or indirectly by General Contractor in the performance of the Agreement;
THEN GENERAL CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL
FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with General Contractor and who has not received
payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish
labor, materials, or supplies for the prosecution of the work, furnish to General Contractor a notice that he
intends to look to the bond for protection.
2.2. A claimant who is not in privity with General Contractor and who has not received payment for its labor,
materials, or supplies shall, within ninety (90) days after performance of the labor or after complete
delivery of the materials or supplies, deliver to General Contractor and to the Surety, written notice of the
performance of the labor or delivery of the materials or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against General Contractor or the Surety
unless the notices stated under the preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the longer of the applicable Notice and
Time Limitations provisions prescribed in Section 255.05(2), or Section 95.11, Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Agreement or the changes does not affect
the Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
P
Dade Heritage Trust Initials Turnkey Construction's Initial Q444,
int
ATTACHMENT A
Dade Heritage Trust
Old Miami High
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
WITNESS/ATTEST Turnkey Construction,
/9Lr
(—Signature
E4 i4 (Er•hAR T
Print Name, Title
ATTEST:
Contractor Secretary
(Affirm CONTRACTOR Seal, if available)
pteil4b e1 Pt ?/[tri4Cr
Print Name, The of Authorized Officer or Official
(Corporate Seal)
ATTEST: DADE HERITAGE TRUST
/e/641,44/ et
(Insert amee
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Dade Heritage Trust Initials Turnkey Construction's lni