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HomeMy WebLinkAboutcontract documents 5• .• Project Manual 27.13..Tne', CITY's • approval -of a Subcailtracttr shall/.not . relieve. the .Contractor of .any of Its'responsibilities, duties and liabilities hereunder. The Contractor shall be solely responsible to -the CITY for the acts, omissions or defaults of its Subcontractor and of such Subcontractor's officers, agents and employees, each of whom shall, for this purpose, be deemed to be the agent or employee of the Contractor to the extent of its subcontract. :27.14. • The Contractor shall'cause appropriate provision ION) Inserted In all . subcontracts relative to :the work to require compliance by each .subcontractor with the applicable provisions contained In the Contract. .27.15. Nothing contained ;in. the contract documents shall ..create any contractual relation between'any subcontractor and the CITY. 27:18. NI'Subcontraotor shall be permltted'to perform Work at the Site until it hes furnished satisfactory evidence of insurance as required by the CITY. . .27.17. The 'Contractor shall promptly, upon • request, file with the CITY a ., conformed copy of any subcontract. • 27.18.' Contractor Liable and'Responslble To CITY: 27.18.1. The- Contractor :Shall be held liable by • CITY • for • the • performance of all the work provided for under thls Contract. These specifications make no attempt to fix the • scope of the work of the ,subcontractors or the .responslbillty of 1 any .such subcontractors, . It • being understood that the Contractor' shall fix the scope of all • 'Work and responsibilities of the subcontractors. 27.18.2. The Contractor's lase of Subcontractors shall riot diminish the Contractor's obligations to complete the .Work in 'accordance with the Contract. The' contractor shall not be released from any part of his/her liabilities or obligations : under his/her contract should any subcontractor fail to . perform in a satisfactory manner the •work undertaken by him. The Contractor shall control and coordinate•the Work . of Its Subcontractors. 27.18.3. Any disputes which •may arise in this connection 'between the Contractor and any subcontractor must be settled • between the parties concerned. CITY will not undertake or 'be In any way responsible for .the settlement of such disputes. • March 2004 L. City of Miami Beach copyright O 2004 Tho Gordian Group Page 93 project Manual • • 28 Separate Contracts: 28.1. CITY reserves the right to let other contracts in corinectiort this • Project. CONTRACTOR shall .afford other persons reasonable opportunity for the introduction and storage of their materials and the . • . • execution of their work and shall properly connect' and coordinate this Work with theirs. ' .1 28.2... If any part of CONTRACTOR's Work depends for pmper'execution•or • results upon the work of any other persons, CONTRACTOR shall • inspect and promptly report to the CITY and ar Program Manager any defects in such work that render it unsuitable for such proper execution and results. CONTRACTOR's failure •to so Inspect and ' report shall constitute an acceptance of the Other person% work as -fit and proper for the reception of CONTRACTOR's Work, except as to . defects which may develop in other contractor's' work after the • • execution of CONTRACTOR's. •28,3. -"CONTRACTOR shall •cdnduot Its 'operations ,a'nd take all reasonable- steps to coordinate' the prosecution of the •Work •so as to create no • interference or Impact on any ether contractor on •the site. Should such interference or impact occur, CONTRACTOR shall be liable to the affected contractor for the cost of such interference or Impact. 28.4. • To insure the proper execution lof subsequent work, :CONTRACTOR shall Inspect the work already in place and shall at once repent to the • CITY and or Program Manager any discrepancy between the • • :executed work and the requirements of the Contract Documents. •29.' • 'Use of Completed Portions: 29.1. CITY shall have the right at its. Sete option to`take possossidn of and Use any completed or partially completed portions of theProject. ••Such possession and use shall not be deemed an acceptance'of any • of the Work not • completed in accordance with the Contract Documents. If such possessoor; • and use Increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation; or reasonable exterislon of time or both, as recommended by Pro9ram•Man'ager and or CITY. • ' 29.2. In the event CITY 'takea .possession Of any completed or partially completed portions of the Project, the following shall occur: 29:2.1. CITY shall give notice to 'CONTRACTOR In wilting at least ••• thirty (30) calendar •days prior to CITY's Intended occupancy of a designated area. Page 94 City of Miami Beach copy+1eh1 C ZOo9 The Gordian Oroup March 2004 • Project Menuail 29.2:2. CONTRACTOR shall complete to the 'point •of Substantial Completion the designated area and request Inspection and Issuance of a' Certificate of Substantial Completion in the form attached hereto as 00925 from the CITY and or • -Program Manager. . 29.2.3.. Upon CITY% lssUarice of a Certificate of Substantial • . Completion, CITY will • assume full responsibility for Maintenance, utilities, subsequent damages of CITY arid :public, .adjustment of Insurance coverages and start of warranty for the occupied area. • 29.2.4. CONTRACTOR alleII , cohipiete all terns ncited on • the Certificate of Substantial Completion within the time specified by th'e• PITY and or • Program •Manager on the Certificate .of Substantial Completion, as soon as posalble and request final inspection ••and final acceptance of the portion of the Work occupied. Upon completion • of final inspection -and 'receipt of an application. for final payment, the .CITY and or' Program Manager shall issue a Final • Certificate of Payment relative 'to the occupied area. 29.2.5. If CITY finds it trecessary'to occupy or 'use a .portion or portions of the Work prior to .Substantial Completion . • thereof, such occupancy or use shall not commence prior to .a time mutually agreed :upon .by CITY and CONTRACTOR and to which the insurance company or Companies providing the . property insurance have consented by endorsement 'to the .policy or policies. • Insurance on the unoccupied or unused portion or -portions Shall not be canceled or lapsed on account of such partial occupancy or use: •Consent of CONTRACTOR and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 30. Lands far Work: 30.1. CITY shall provide,as may be• indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access . thereto and such other lands as are designated by CITY or the use of CONTRACTOR. • 30.2. CONTRACTOR•shall proiride, at CONTRACTOt'S•own expense and without liability to CITY, any additional land and access thereto that may be required for temporary construction facilities, or for storage of March 2004 City of Miami Beach Page 95 •CupYlighl C 2034 The Gordian Group - . • • :iiiojeat•ManUal - .1. . . - • . . . 'Materials; CONTRACTOR shall furnish to CITY Copies of written permission obtained by CONTRACTOR fromthe owners of such facilities. • 31 . • Legal Restrictions and Traffic ProVisieng! . 31.1. CONTRACTOR shall cenfOriti . and Obey • all applicable • laws, regulations, or ordinantes with regard tO laboremployed, hotiirs of work and CONTRACTOR's • general operation's. • CONTRACTOR . Shall cOnduct its operations se as not to close any thoroughfare, nor Interfere in any way with traffic on railway, highways, or water, • .without the•prior Written' Consent of the proper authorities. 2. Location land barrage te Existing Eadlities,Eq610r1erit or utilities: . . 32.1. As far as poSSIble; .all existinglutilitylinei In the Project arise have been shown on the plans. .However, CITY does net guarantee that ,all lines are shOwn, or that the- ones Indicated are jn their true location. It shall be the CONTRACTOR'S responsibility to identify and locate all underground and overhead utility lines or equipment . affecting or affected by the PrOject. No additional payment will be Made to the •CONTRACTOR because' of discrepancies in actual and • • , plan location of utilities, and damages suffered as a result thereof. •.32.2. -The CONTRACTOR shall notify each utility cornpany involved at least ten (10) days prior to the start of construction to arrange for • positive underground location, relocation or support of iteutility where • .that utility may be in conflict With or endangered by the proposed construction. Relocation of Water mains or other utilities for the • convenience of the CONTRACTOR shall • be paid by the CONTRACTOR. All charges ! by utility Companies for temporary • support of its utilities shall be paid for by the CONTRACTOR. All • costs of permanent utility relocation to avoid conflict shall be the responsibility of the utility company Invelved. No additional payment will be made to the CONTRACTOR for utility relocations, whether or not said relocation is necessaryto' avoid conflict with other lines. • 32.3. . The CONTRACTOR shall 8814:luta the Work in Such a Mariner that. the work Is not delayed by' the utility providers relocating or supporting their utilities. The ;CONTRACTOR shall coordinate its activities with any and all public and private utility providers occupying the right-of-way: : No compensation will be paid to the • CONTRACTOR for any loss of time or delay. 32.4. Ali overhead, surface or ..underground •structures and Utilities encountered are to be •darefully protected from injury or displacement. :All damage to such structures is to be completely • .Page 96 .CIty of Miami BOach Match 2004 ' copyright 0 2004 The Gordlon Oroup • . . •• 7 . • . • . • • •'. Project Manual • .• 34.1. CONTRACTOR shaH carry On the Work and adhere tO the prOgreds schedule during all disputes or disagreements with CITY, including • disputes or disagreements concerning a request for a Change Order, • are quest for a change in the Contract Price or Contract Time. The Work shall not be delayed Or postponed pending resolution of any disputes or disagreements. . • 35. Chahges in the Work or Terrns of COntract DOcurnerits: • repaired within 'a reasonable time; •needless delay VII not be tolerated. The CITY reserves the right to remedy such -damage by ordering outside parties to' make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to • be made to the satisfaction of the utility owner. All damaged utilities must be replaced or fully repaired. All repairs are to be Inspected by the utility owner prior to backfilling.• 33. Value Engineering: 33.1. .CONTRACTOR may request Substitution of materials, articles, :pieces of equipment or any changes that reducethe Contract Price by making such request to i the CITY and or Program Manager' In 'writing. The 'CITY and or Program Manager will be the sole Judge of acceptability, and no substitute will be ordered, installed, used or Initiated without the CITY's and or Program Manager's prior written 'acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. .However, any substitution accepted by the CITY and or Program Manager shall not result In any Increase in the Contract Price or Contract 'Time. Any substitution 'submitted by CONTRACTOR must meet the form, fit, function and life cycle criteria of the item proposed to be replaced and there must be a net dollar savings including the CITY and or Program Managers review fees and charges. If a substitution is approved, • the net dollar savings shall be processed as a deductive Change Order, CITY may require CONTRACTOR to furnish at CONTRACTOR% expense a special 'performance guarantee or other surety with respect to any substitute approved after award of the Contract. • 3 . Continuing the Work: ,ps.i. Without invalidating the Pi:Inhibit and without' notice to any surety CITY reserves and shall have the right, from time to time to 'make such increases, .decreases' or other Changes:in the character or quantity of the Work as may be .'considered necessary or 'desirable to complete fully and acdeptably the proposed construction in a satisfactory manner. Any extra or additional work within the scope of ' March 2004 City of Miami Beach Page 97 copyright 2004 %Mod len Ofoup ptrioJect Manual' this Project must' be accompii hed by means 'of appropriate Fiaid ' Orders and Supplemental Instructions or Change Orders Issued • • through a Job Order with therequired Documentation. • 35.2. .Any changes to .the terms .of the :Contract .Documents must be contained In a Written decument, executed by the parties hereto, with ' the same formality and of equal dignity prior to the initiation of any work reflecting such change. 1This section .shall not prohibit the issuance of Change Orders through • a Job Order With the required ,Documentation•executed only by CITY' as hereinafter provided. 36.. Field Orders'and Supplemental instructions:' - 36.1. The • Contract Administrator; through •.the CITY and or Program Manager, shall have the Tight to approve and issue Field Orders setting forth written interpretations 'of the intent of the Contract . .Documents and ordering minor changes in Work execution, providing the Field Order Involves no change in the Contract Price or the -Contract Time. 36.2. • •The: CITY and or Program •Manager shall have the right to approve and issue Supplemental Instructions setting forth written orders, •'instructions, Cr interpretations concerning the Contract Documents or its performance, provided such,Suppiemeritai Instructions involve no change In the Contract Price or the Contract Time. 37. ' Change Orders: • •37.1. The'CITY Without lrivelidating the'Contract, nay order changes in the ' • Work by altering, adding to or •deducting from the Job Order, .by Issuing an additional Job Order. All changes 'are 'to be Owner initiated as a result of: 1) change in the original scope of work or 2) a ' hidden condition requiring the use of work tasks or non pre -priced • tasks not in the Contractor's original Price Proposal.. All such Work shall be executed under the coriditionsof the original contact. 37.2. No changes shall be made • Without ar':wrttten !•Job'Order fromn the CITY. No claim for an additional Job Order amount shall be valid unless SO ordered arid authorized by Issuance a Job Order. ' .37.3. • 'Changes will be considered a$'a new Job•Order and'such will follow .the procedures outlined in Article 12 of the Ordering Procedures in 'the JOG Supplemental Conditions. . • ' 37.4. • Changes' In the quantity or •character of the Work' Within the scope Of work of the Project which are not properly the•subject of Field Orders or Supplemental Instructions,: Including all changes resulting in changes in the Contract Price; or the Contract Time. • shall be • Page 98 City of Miami Beach March 2004 copyright 0 2004 The Qordlan'Group Project Manua!' 1 authorized only by Change Orders, Issued with' a Job Order with the • required documentation and approved In advance and issued in accordance with the provisions of the CITY. • 37.5.. All changes to construction contracts muSt-be approved In advanc0 In accordance •with the value of the Change Order or the •calculated value of the time extension. . 37.8.' in the event "satisfactory adjustment'cannot'be reached 'for 'any item ;requiring a change in the contract Price or Contract Time, and a .Change Order has not -been issued, CITY reserves the right' at Its tole option 'to either terrninate•the Contract as It applies to the Items In • question and make ; such arrangements as . may be deemed .necessary to complete the .disputed work; or • submit the matter In •dispute to Contract Administrator as set forth in •Article 12 hereof. During the pendency of the' dispute, and upon 'receipt of a Change •Order approved by CITY, pONTRACTOR shall promptly proceed .with the change in :the Work involved and advise the Contract Administrator in writing Vvithirt• ..seven (7) . calendar days • of CONTRACTOI's agreement or dlsagreement With the method, if any, provided in the Change Order for -.determining 'the • proposed . adjustment in the Contract Price or Contract Time. . 37.7. Under. circumstances determined 'necessary by CITY, Change Orders may be Issued Unilaterally by'CITY. • •38. Value ofChange Order Work: • i 381. The value Of any work covered by •a Change Order or• of any Claim for an increase or decrease in the Contract Price 'Shall be determined as followings: . 38.2. :All changes, or order of extra Work shall be paid for at the Unit Prices . set forth in the Construction Task Catalog or •as Non Pre -priced Tasks. -.Credits ferthe omission or reduction of Work shall be paid in the eerie 'manner. • • • 38.3. For each' change; omisslon or extra Work ordered 'by the CITY, :the •contractor shall submit a Job Order Price Proposal in writing to the CITY stating a lump sum -amount and shall state the extent to which • the contract time shall thereby be increased or decreased. 38.4. •All Job 'Order Price Proposais'shail be submitted -promptly. 39. • -Notification and Claim for Change of Contract Time: . 39.1. Any claim for a change In the Contract Time shall be made by written' notice by CONTRACTOR . to the Contract Administrator and or ,March 2004 City of Miami Beach cvFryrI bt 2004lb* madlan Grwp Page 99 • • • Project Manual Program Manager within one (1) calendar day of the corrimencemant Of the event giving rise to the 'claim and stating the general nature and cause of the claim. The CITY will consider the request for additional time to complete the Jbb Order and render its judgement within five (5) days. If the CITY and CONTRACTOR cannot agree, a . determination shall be deterrhlned by Contract Administrator In accordance with Article 12 hereof. IT IS EXPRESSLY AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL .BE WAIVED IF NOT SUBMITTED r Ily STRICT ACCORDANCE WITH THE'REQUIREIVIENTS OF THIS SECTION. 39.2. The Contract Tinier will be extended in an amount equal to time lost on critical Wotk items due to delays beyond the control of and through no fault or negligence of CONTRACTOR If a claim Is made therefor as provided in Section:39.1. Such delays shall Include, but not be limited to, acts or neglect by any separate contractor employed by CITY, fires, floods', labor disputes, epidemics, abnormal weather conditions or acts of God. 40. No Damages for Delay: •40.1. No claim for damages or any claim, other than for an extension of time, shall be made or asserted against CITY by reason of any delays except as 'provided herein. CONTRACTOR shall not be entitled to an increase in the Contract Price or payment or Compensation of any kind from CITY for direct, Indirect, Consequential, impact or other costs, :expenses or damages, Including but not limited to costs of acceleration or Inefficiency, arising' because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision • shall not preclude recovery of damages by CONTRACTOR for actual delays due solely to fraud, bad faith or active interference .on the part of CITY and or Program Manager. Otherwise, CONTRACTOR shall be entitled only to extensions of the • Contract Time as the sole and exclusive remedy for such resulting delay, In accordance with and to the extent specifically provided above. ' 41. Excusable Delay; Cornpensable; Non-Compensable: 41.1. Excusable Delay: Delay which extends the completion of the Work and which Is caused by circumstances beyond the control of Page100 City of Miami Beach March 2004 copyright O 2004 The Gordian Group • ProJect Manual i CONTRACTOR or its subcontractors, . suppliers or vendors Is • Excusable Delay. 41.2. CONTRACTOR is entitled to a time extension of the Contract Time - -for each day the Work is delayed due to Excusable Delay, CONTRACTOR shall document its claim for any time extension as provided in Article 38 hereof, 41.3. Failure of CONTRACTOR to complywith Article 30 hereof as to ariy- particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particular' event of delay. 41.3. Excusable Delay may be carnpensable or non-compensable: 41.4.1. Compensable Excusable Delay: 41.4.1.1. Excusable Delay Is compensable when (I) the delay extends the Contract Time, (li) Is caused by - circumstances beyond the . control of the CONTRACTOR or its subcontractors, suppliers or vendors, ,and (ill) Is caused solely by fraud, bad faith or active Interference on the part of CITY or its agents. In no event shall CONTRACTOR be compensated for interim delays which do not extend the Contract Time. 41.4.1.2. CONTRACTOR shall be entitled to . direct and Indirect costs for Compensable Excusable Delay. . •Direct costs recoverable by CONTRACTOR shall be limited to- the actual additional costs allowed pursuant to Article 38 hereof. 41.4.1.3. CITY and CONTRACTOR recognize and agree that .the .amount of CONTRACTOR's precise .actual Indirect costs for delay in the performance and completion of the Work Is Impossible to determine as of the date .of execution of the Contract Documents, and that proof of the precise amount will be difficult. Therefore, Indirect costs recoverable by the CONTRACTOR shall be liquidated on a daily basis for each day the Contract Time is .delayed due to .a Compensable .Excusable' Delay.. These liquidated indirect costs shall be paid to compensate CONTRACTOR for all indirect costs caused by a Compensable Excusable Delay and shall include but not be March 2004 City of Miami Beach copyrlpiM 0ROW the &Wien Group Page 101 • - . •• . - . . ...Project ManUttl • limited to, all profit on indireCt•costs, .horne office Overhead, acceleration, loss of earnings, .loss of productivity, loss of bonding capacity, loss of opportunity and all other Indirect costs incurred by CONTRACTOR. The amount of liquidated indirect costs recoverable shall be as listed In Article 19 of the JOC Supplemental Conditions per day for each calendar day the Contract is delayed due to a Compensable Excusable Delay. 41.4.2. Non-Compensable EXCusable Delay: 41.4.2.1. When Excutable Delay is (1)caused ,by circumstances beyond • the - control of CONTRACTOR, its subcontractors,: suppliers and vendors, and is .also caused by circumstances beyond the '•;Ontrol of the CITY or Program Manager, or (II) is caused jointly or concurrently by CONTRACTOR or its subcontractors, suppliers or vendors and by the CITY or Program Manager, then CONTRACTOR shall be entitled only to a time extension and no further compensation for the delay. 42. Substantial CompletiOn: 42.1. When CONTRACTOR Considers that the Work, or a portion thereof designated by CITY pursuant to Article 29 hereof, has reached Substantial Completion, CONTRACTOR shall so notify CITY and or Program Manager in writing. ,Program Manager and or CITY shall then promptly inspect the Work. When CITY and or Program • Manager, on the basis of such an inspection, determines that the Work or designated portion thereof is substantially complete, •It will then prepare a Certificate of 'Substantial Completion in the form attached hereto as Form 00925 which shall establish the Date of Substantial Completion; shall state the responsibilities of CITY and • CONTRACTOR for security, maintenance, heat, utilities, damage to 'the Work, and insurance; and shall list all Work yet to be completed to satisfy the requirements of the Contract Documents for Final Completion. The failure to Include anyitems of corrective work on such list does not alter the !responsibility of CONTRACTOR to complete all of the Work in accordance with the Contract Documents. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided In the Certificate of Substantial :•• Page 102 City of Miami Beach March 2004 copyright 0 2004 The Gordian Group Project Manna! • k Completion. The Certificate .of Substantial Completion shall be Submitted to CITY through the : Contract • Administrator and 'CONTRACTOR for their written acceptance of the responsibilities assigned to them In such Certificate. 43. No Interest: 43.1. Any monies not ,paid by CITY .when • claimed to be due • to CONTRACTOR under this Agreement, including, but not limited to, any and all claims for contract damages of any type, • shall not be subject to interest including; but not limited to prejudgment Interest. However, the provisions of CITY's prompt payment ordinance, as such relates to timeliness'df payment, and the provisions of Section 218.74(4), Florida Statutes (1989) as such relates to the payment of interest, shall apply to valid and proper invoices. 43. Shop Drawings and Samples: • 44.1. CONTRACTOR shall submit Shop Drawings and or Samples as required and or as listed in 'the REP for Individual Job Orders. The purpose of the Shop Drawings Is to show the suitability,. efficiency, technique of manufacture, ;installation requirements, details of the item and evidence of its 'compliance or noncompliance with the Contract Documents. 44.2. Within the time •specified on the RFP in calendar days •after the Project Initiation Date specified in the Notice • to Proceed, CONTRACTOR shall subniit to CITY and or Program Manager a complete list of preliminary'data on items for which Shop Drawings are to be submitted and shall Identify the critical items. Approval of this Ilst by CITY and or Program Manager shall In no way relieve . CONTRACTOR from submitting complete •Shop Drawings and providing materials, equipment, etc:, fully in accordance with the • Contract Documents. This procedure Is required in order to expedite final approval of Shop Drawings. 44.3. • After the approval of the list of items required in Section 44.2 above, 'CONTRACTOR shall promptly request Shop •Drawings from the various manufacturers, •fabricators, and suppliers: CONTRACTOR shall include all shop drawings and other submittals In its certification. 44.4. CONTRACTOR shall thoroughly • review 'and check the Shop Drawings and each' and every copy shall show•thieapproval thereon. 44.5. If the Shop • Drawings show `or indicate departures from the Contract' requirements, CONTRACTOR shall make specific mention thereof in its letter of transmittal. Failure to point out such departures shall not March 2004 City of Miami Beach copyright 0 2004 The S3gdtan Group Page '103 PtOject Manual ralleVe CONTRACTOR Rohl its responsibility to comply with ' the Contract Documents. 44,6. :CITY and or Program Manager shall revieW and approve Shop Drawings within fifteen (15) calendar days from the date received, unless said Drawings are rejected by CITY and or Program Manager for material reasons, CITY'S and or Program Manager's approval of Shop Drawings will be general.and shall not relieve CONTRACTOR of responsibility for the accuracy of such Drawings, nor for the proper fitting and construction of the work, nor for the furnishing of materials or work required by the Contract Documents and not indicated on the Drawings. No work called for by Shop Drawings shall be performed until the said Drawings have been approved by CITY and or Program Manager. Approval shall not relieve CONTRACTOR from • responsibility for errors or omissions of any sort on the Shop Drawings. . : . . . .44.7. .No approval will be given lb piiilal subrnittalsof Shop Drawings for Items which interconnect and/or are Interdependent where necessary to properly evaluate the design. It is CONTRACTOR's responsibility to assemble the Shop Drawing's for all such Interconnecting and/or Interdependent Items, check them and then make one submittal to CITY and or Program Manager along with its comments as to Compliance, noncompliance, orfeatures requiring special attention. 44.8. If catalog Sheets or prints of Manufacturers' standard drawings are submitted as Shop Drawings, any additional information or changes on such drawings shall be typeWritten or lettered in ink. 44.9. CONTRACTOR shall submit the number of copies required by CITY and or Program Manager. Re -submissions of Shop Drawings shall be made In the same quantity until final approval Is obtained. • 44,10. CONTRACTOR Shari keep one set of Shop Drawings marked with CITY's approval at the Job site at all times. 45. "Field Layout of the Work and Record Mng's: 45.1. During the construction of a JOC Job Order, the entire responsibility for establishing and maintaining line and grade in the field Iles with CONTRACTOR. Furthermore the CONTRACTOR shall maintain an accurate and precise record of the location and elevation of all constructed items such as: pipe lines, conduits, structures, maintenance access structures, hand holes, fittings and the like. CONTRACTOR shall deliver these records In good order to CITY and or Program Manager as the Work is completed. The cost of all such field layout and recording work is included in the bld adjustment • 1 Page 104 City of Miami Beach copyright* 2004 The Clorehet Group March 2004 Project.Manual factors.. All record drawings shall be made on reproducible paper and shall be delivered to CITY and or Program Manager prior to, and as a condition of, final payment. 45.2. CONTRACTOR shall maintain in a safe place at the Project site one record copy of all Drawings, Plans,"Specifications, Addenda, written amendments, Change Orders, Field Orders and written interpretations and clariticadons in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings shall be available at all times to CITY and or Program Manager for reference. 45.3. Prior to; • and as a condition precedent to Final Payment, CONTRACTOR shall submit to CITY, CONTRACTOR'S. record drawings or as-buiit drawings acceptable to CITY and or Program 'Manager as listed in Article 446. If no drawings were provided by the CITY or developed by the' Contractor, the City may require the Contractor, at no expense to the CITY, to provide "as -bunts" to properly document the Work. The CITY will specify the form of As - Built drawings that will be required, based on what is practicable to • both parties to the Contract.: 46. • As -Built Drawings: 46.1. As the .Work .progresses, the Contractor and the Subcontractor for each- trade or division of Work, 'under the direction of the Contractor, shall keep a complete and accurate record of the following: 46.2. • Changes and deviations between the Wtirkas shown on the Contract Documents (if drawings provided by the CITY or developed by the Contractor) and shop drawings Indicating the Work as actually • Installed. 46.3. - The specific locations of piping, valves duct Work, equipment, and other such Work which were not located or changed location on the Drawings and shop drawings. 46.4. Pqulpment• schedules. indicating manufacturer's names and model numbers. 46.5. The As-Buiiit Documents shall be arranged in a logical order, and in accordance with the various provisions of the Specifications (If any), and properly indexed. The Contractor shall review them for completeness prior to submittal to the CITY. At the completion of the Work, the Contractor and each Subcontractor shall certify by endorsement thereof that each of the revised sepia mylar of the • March 2004 City of Mlaml Beach. ropriah 2004 Iris Gordian (coup Page 105 Project Manual Drawings and copy of Specifications and shop drawings is complete and accurate. 47. Safety and Protection: 47.1. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 47.1.1. All employees on the`work site and other persons who May be affected thereby; 47.1.2. All the work end all materials or equipment to be incorporated therein, whether in storage on or off the Project site; and 47.1.3. Other property at the Protect site or adjacent thereto, including trees, shrubs, .lawns, walks, pavements, roadways, structure8 and utilities .not designated for removal, relocation :or replacement In the course of 'construction, 47.7.. CONTRACTOR 'shall comply With all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work may • affect them. All damage, Injury or loss to any property referred to In Article 32 above, caused directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the work shall continue until such time' as all the Work Is completed and Program Manager has issued a notice to CITY and CONTRACTOR that the Work Is acceptable except as otherwise provided in Article 29 hereof. 47.3. CONTRACTOR shall designate a responsible member of its organization at the Work site whose duty shall be the prevention of accidents. This person shall 'be CONTRACTOR'S superintendent unless otherwise designated In writing by CONTRACTOR to CITY. Page 106 City of Miami Beach March 2004 copyright•2O4 Gagnon Group • Project Manual 48. Payment by CITY for Tests: 48.1, Except when otherwise specified In the Contract Documents and or .RFP, the expense of all tests requested by CITY and or Program Manager shall be borne by CITY and performed by a testing firm chosen by CITY and or Program Manager. For road construction projects the procedure formaking tests required by CITY and or Program Manager will be in Conformance with the most recent edition of the State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction. The cost of any required test which CONTRACTOR falls shall be paid for •by CONTRACTOR. Any testing the CITY and or Program Manager request the Contractor to perform will be .Identified In the Detailed Scope of Work and the cost submitted in the Contractor's Price Proposal. 49. Project Sign: 49.1. Any • requirements for a • project sign shall be as set forth in the Detailed Scope of Work and or Technical Specifications. • 50. Hurricane Precautions: 50.1. During such periods of time' as are designated by the United States Weather Bureau as being • a hurricane waming or alert, the CONTRACTOR, at no cost to the CITY, shall take all precautions necessary to secure the• Project site in response to all threatened storm events, regardless of whether .the CITY and or Program Manager has given notice of same. 50.2. Compliance with any specific hurricane warning or alert precautions • • will not constitute additional work. 50.3. Additional work relating to 'hurricane' warning or alert at the, Project site will be addressed by a Change Order In accordance with Section 37, General Conditions. • 50.4. Suspension of the Work caused by a threatened or actual storm • .event, regardless of whether the CITY has directed such suspension, • will entitle the CONTRACTOR to additional Contract Time as non- compensable, excusable delay, and •shall not give rise to a claim for compensable delay. 51. Cleaning Up; CITY'S Right to Clean Up: 51.1. • CONTRACTOR shall at all times .keep the premises free frorri. accumulation of waste rnaterials or rubbish caused by its operations, At the completion of the Project, CONTRACTOR shall remove all Its March 2004 • City of Miami Beach ..pr igiv • 2004 The Oa,d an Crop Page 107 Protect Manual . .• waste materialsand rubbish fra'm arid about the Project as well as its tools, construction equipment, machinery and surplus materials. If CONTRACTOR fails to •clean up during the prosecution of the Work or at the completion of the Work, CITY may do so and the cost thereof shall I be charged to CONTRACTOR. If a dispute arises between CONTRACTOR and separate contractors as to their responsibility for cleaning up, CITY may clean up and charge the cost thereof to the contractors . responsible therefor as CITY and or Program Manager shall determine to be just. 52. Removal of Equipment: 52.1. In case of termination ''of this' Contract before completion for any cause whatever, CONTRACTOR, .if notified to do so by CITY, shall promptly remove any part or all of CONTRACTOR's-equipment and supplies from the property of CITY, failing which CITY shall have the right to remove such equipment and supplies at the expense of CONTRACTOR. 53. Nondiscrimination, Equal Employment Opportunity, and Americans . with Disabilities Act: 53.1: ' CONTRACTOR shall not unlaWfuliy discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles 1 and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONTRACTOR 'Shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. .53.2. CONTRACTOR's decisions regarding the delivery of services under this Agreement shall be made 'without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. • 53,3. . CONTRACTOR shall not .engage in or commit any' discriminatory practice In violation of CITY of Miami Beach Ordinance No. 92-2824 In performing any services pursuant to this Agreement. Page108 City of Miami Beach copyright 02034 The Gordian Group March 2004 • Project Manual • • . 54 -Protect Records: . 54.1. CITY shall have the -right to inspect and copy,.at CITY's expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project and to any claim for additional compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or 'otherwise, which relate to the Project and to any claim for a period of three (3) years following Final Completion of the Project. During the Project and the three (3) year period following Final Completion of the Protect, CONTRACTOR shall provide CITY access to its books and recordsupon seventy-two (72) hours written notice. 55. Occupational Health and Safety: 55.1. In compliance with 'Chapter 442, • Florida •Statutes, •, any toxic substance listed in Section 38F-41.03 .of the Florida Administrative • Code delivered as a result of this bld must be accompanied by a Material Safety Data Sheet (MSDS) which may be• obtained from the manufacturer. The MSDS must Include the following information: 55.2. •The chemical narne and the'common name of the toxic substance. • 55.3. .The hazards or other risks In the use of • the .toxic substance, • Including: . 55.3,1. The potential forfire, explosion, corrosion, and reaction; • 55.3.2. . The known -acute and chronic health effects of risks from . exposure, including • the .medical conditions which are .generally recognized as being aggravated by exposure to • the toxic substance; and 55.3.3. • The primary routes of entry and symptoms of overexposure.. • i . 55.4. The proper precautions, handling practices, 'necessay personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, Including appropriate emergency treatment In case of overexposure. 55.5. The emergency procedure far spills, fire, disposal; and first aid. . 55.6. A description in lay terms of the known specific potential health risks • posed by the toxic substance •Intended to alert any person reading this information. March 2004 City of Miami Beach .......Page 109 **right POWlb, Sianitan(Imp . • : ' •Project Manual . 55.7. The year and month, if available, that •the Information was compiled and the name, address, •and emergency telephone number of the 'manufacturer responsible for preparing the Information. 55.8, Asbestos: • 55.8.1. THE CONTRACTOR' IS WARNED THAT EXPOSURE TO 'AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH • FOUR DISEASES: LUNG CANCER, CERTAIN GASTROINTESTINAL CANCERS, PLEURAL OR PERITONEAL MESOTHELIOMAAND ASBESTOSIS. Studies indicate there are significantly Increased health dangers to persons exposed to asbestos who smoke, and ' further, to family members and other persons who become indirectly exposed as a result of the exposed worker bringing asbestos -laden work clothing home to be laundered. 55.8.2. The Contractor is advised that friable and/or nonfrlabie 'asbestos -containing ; material may be encountered in area(s) where contract work is to be performed. Friable asbestos containing material means any material that contains more than one percent asbestos by weight that hand pressure can crumble, pulverize or reduce to powder when dry. Nonfriabte asbestos -containing materials are materials in which asbestos fibers are bound by a matrix material, saturant, Impregnant or coating. Nonfriable asbestos-contalning f materials do not normally release airborne asbestos fiber during routine handling and end - use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition or other similar • activities. 55,8.3. Care must be taken' to avoid releasing or causing 'to be • released, asbestos fibers •into the atmosphere where' they maybe Inhaled or ingested. The Occupational Safety and Health Administration (OSHA) has set standards at 29 CFR 1910.1001 for exposure to airborne concentrations of asbestos, fibers, methods of compliance, medical surveillance, housekeeping procedures, and other measures that must be taken when working with or around asbestos-contalning materials. 29 CFR 1910.1001 has been Identified as applicable to construction (29 CFR 1928.55 gases, vapors, fumes, dusts and mists). The Page 110 City of Miami Beach copyright O 2004 The Gard len Omup March 2004 Project Manual Environmental Protection .Agency (EPA) has established standards at 40' CFR 61.140-156 for the control of asbestos emissions to the environment and the handling and disposal of asbestos wastes. Additionally the Florida •.Occupational Safety and Health Administration standards are applicable to this contract. • 55.8.4. • Friable asbestos containing materlals. are not permitted by current criteria and shall not be used in new construction or ' modification projects (ETL 1110-1-118, 27 May 1983). Plans and specifications for .ail new construction and modification projects will be reviewed to ensure that the use of friable asbestos -containing materials is not called • for. I• 55.8.5. • Maintenance, modification, or demolition activities where exposure to asbestos dust may occur from previously • Installed friable or nonfrlable asbestos -containing material will be identified. { All precautions, to include proper work practices, medical surveillance, respiratory protection, industrial hygiene, and environmental protection requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR 61.140-156) and pA Circular 40-834, as applicable, shall be strictly followed. .56. Environmental Regulations: : • 56.1. • The CITY reserves the right'to-corisider a Bidder's history of citations and/or violations of environmental regulations in investigating a . Bidder's responsibility, and further reserves the right to declare a • . Bidder not responsible if :the history • of violations warrant such . determination in the opinion.of the CITY. Bidder shall submit with its Bid, a complete history of all citations and/or violations, notices and • dispositions thereof. The non -submission of any such documentation • shall be deemed to be an affirmation by the Bidder that there are no Citations or violations.. Bidder shall notify the CITY immediately of notice of any citation or violation which Bidder may receive after the •Bid opening date and during the time of performance of any contract awarded to it. . March 2004 City of Miami Beach copyright G. 20041he Gordian Group • Page 111 ProJect Manual 00900 SUPPLEMENTARY CONDITIONS PAGE INTENTIONALLY LEFT 6LANK Page 112 City of Miami Beach copyright 02034 The Gordian Group March 2004 00923 • STATEMENT OF COMPLIANCE (DAVIS BACON ACT) . Protect Manual No. ile) 1 G 3[;�� Contract No. Project Title_ :The undersigned CONTRACTOR. hereby .swears under penalty of perjury that, during the period covered by the application for payment to which this statement is attached, all mechanics, laborers, and apprentices, employed or working on the site of the Project, have been paid at wage rates, and that the wage rates of payments, contributions, or costs for fringe benefits have not been less than those required by the Davis Bacon Act and the applicable conditions of the Contract. Dated -1-Oa 20(f`-( C \' X l l .f` ont - ctor By By STATE OF ) • ) SS COUNTY OF ) (Sign: , re) (Name a d Title) The foregoing instrument was acknowledged before me this it.,? day of, 20 , by (1-4)"c-1km r-- \5 Y '2. who Is ersiiiie—Ily known to a or who has produced as identification and who did/did not take an oath. WITNESS my hand and official seal, this & .day of A A , 20 r:�j, aw7¢�rJ4L�.aL'tr .. .c Artlet Cnmmixalr,ri dr DD12O97b RAC; ' rim*, Cb kacari4! NOM P Ep. My commission expires: l2fl lO J NuscA Arim, (Signature of person taking acknowled ent) ,SDrent-Z (Name of officer taking acknowledgment) (Serial number, if any) V )t 2etfO March 2004 City of Miami Beach wpyripF! 02034 The Gordian Group Page 113 • • Project Manual • • DAVIS BACON WAGE DECISIONS AND ASSOCIATED'INFORMATION • • • The prevailing .wage rates, •GENERAL • DECISION: FL20020001 FL1, • Superseded _General DecIslOn No. FLO20001. January 23, 2004 by the Secretary of Labor State -•'of Florida, with respect to the Job Order Contract(s) follow thls page. Wage decision 'changes, such as modifications and superseding decisions, shall be effective, if • published before contract award, unless prior to their issuance by the Secretary of • Labor, construction has started, the mortgage has been initially endorsed, or bids have been opened. Please note 'that 'the Contactor will be required to certify that laborers and mechanics engaged in the construction of the project, including those employed by the subcontractors, have been paid at least the wage rate required by the effective Wage decision, including all changes and additions on projects which 'are Identified • by the CITY as federally funded, .1 , The reference wage decisions will be In effect:for twelve (12)months from the date • . the Contract is executed. Thereafter, If CITY executes an option to extend the Contract for an additional term(s) new wage decisions or modifications thereto will be Issued and effective for the next twelve months. The Contractor's adjustment - factors will be modified according to Article 6 of the JOC Supplemental General Conditions. Page 114 City of Miami Beach March 2004 copyright 02t04 The Good Ian Group Project Meinuai GENERAL DECISION: FL:20030001 01/23/2004 FL1 Date: January 23, 2004 . General Decision Number: FL20030001 01123/2004 Superseded General Decision Number: FL020001 State: Florida Construction Type: BUILDING County: Miaml-Dade County in Florlda. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including four (4) stories) 0 1 06/13/2003 01/23/2004 AS B E006 0-001 09101 /2002 ASBESTOS WORKER/HEAT AND FROST INSULATOR ELEC0349-001 06/01/2002 Rates Fringes $26.13 6.86 Rates ' Fringes ELECTRICIAN (Including Fire Alarm Installation): Electrical contracts Including . . . materials that are less than $2,000,000 $20.50 4.30 + 8% • Electrical contracts including , materials that are over $2,000,000 $22.96 4.30 + 8% w rr ram--w N r-mm, w-- ......... w w-- Y M wr- i.r Yr r--,W-.• -- ELEV0071 -001 11/01 /2001 Rates • Fringes ELEVATOR MECHANIC ' $25.285 • 7.455+A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 years or • more of service or 6% basic hourly rate for 6 months to 5 March 2004 City of Miami. Beach Page 115 copyright 4e 2004 Tha G&d iji Group ProjecfManual • years of service as Vacation Pay Credit Paid Had*: New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas pay, plus the Friday after Thanksgiving. •ENGI0487-001 7/01/2002 • Rated Fringes POWER EQUIPMENT OPERATORS: • Boom Truck Operator $22.40 • 4.50 • Crane (Including Truck Crane) .$22.40 4.50 Crane Oiler (including Truck Crane) $16.15 4.50 •Piledrivers $22.40 4.50 IRON0272-001 04/01/2603 Rated Fringes IRONWORKERS: • Ornamental $19.75 4.70 ' Reinforcing $19.75 4.70 Structural $19.75 4.70 • PLUM0519-001 03/16/2003 Rated • Fringes' .• •PLUMBER • . $22.27 5.68 PLUM0725-001 07/16/2002 Rates Fringes . P1PBFITTER (including HVAC) $25.05 .6.50 " . , .SFFLO821-001 01/011203 • • • • . . Rated . Fringes • -..... " • 'SPRINKLER 'FITTER. ' $22.40 6.27 • . ....._______ ....... ..........._________________ ..... __..........._-_______ . • • SHEE0032-001.......08/12/2003 • SHEET METAL WORKER (Including HVAC duct work) $24.24 • 8.97 Rates Fringes Page 118 City of Miami Beach oupyr0ht 0 2C04 The Gordian Group March 2004 • SUFL 1999-001 03/04/1999 • Rates Fringes ACOUSTICAL TILE INSTALLER $10.00 0.62 BRICKLAYERS/BLOCKLAYER $15.36 CARPENTER (Including Drywall 1 .;Hanging and Batt installation) $12.90 2.40 . CARPET LAYER .$14.25 ' CEMENT MASONS/CONCRETE ; ' FINISHER ' $14.50 3.15 DRYWALL FINISHER . $12.50 GLAZIER $13.05 • 2.42 • LABORERS: d Pipelayers $i3.81 •' Plasterer Tenders $10.09 Unskilled (Including Mason Tending) $8.70 PAINTER, BRUSH $9.61 PLASTERER $15.05 POWER EQUIPMENT OPERATORS: Backhoe $15.71 2.85 Bulldozer $14.58 2.85 Concrete Pump Operator . •$14.78 Grader . $15.93 2.85 Loader . $15.04 2.85 ••Roller . $12.84 2.85 ROOFER $9.99 • TILE SETTER $12.50 0.87 TRUCK DRIVER $10.95 1.83 • WELDERS - Receive rate presdriped for craft performing operation to which welding Is incidental. project Manua! Unlisted classlflcations heeded for work not 'Included within the scope of the classifications listed may be added after award only as provided in the Tabor standards contract :clauses (29CFR 5.5(a) • (1)(ii)). In the listing above, the "SU" designation means that rates listed under that Identifier do not'refiect collectively bargained wage and fringe benefit rates. Other designations :Indicate unions whose rates have been determined to be prevailing. March 2004 City of Miami Beach Page 117 copyright 0 2004 The Gordian Group Project Manual WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the Maffei? This can be: • * an existing published wage determination " a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial dented, Including requests for summaries of surveys, _should be with the Wage and 'Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. . With " regard to any other "matter not yet ripe fo'r the formal process . • described here, initial contact should be with the Branch of • • • Construction Wage Determinations. Write to: • Branch of Construction -Wage Determinations Wage and Hour Division U. S. Department of Labor • .200 Constitution Avenue, N. W. Washington, D.C. 20210 • 2.) if the answer to the question In 1,) is yee, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested partys position and by any information (wage payment • Page 118 City of Miami Beach March 2004 oopright0 Fow The Gordian Group • • data,: project description, area practice material, etc.) that the requeator considers relevant to the issue, 3.) If the .decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor . • ' .20o Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative review Board are final. END OF GENERAL DECISION March 2004 Project Manual City of Mlami.Beach Page 119 copyright 0 2004 The Oordion Group Project Manual GENERAL DECISION: FL20030044 FL44 Date: June 13, 2003 General Decision Number: FL20030044 Superseded 'General Decision No. FL020044 State: Florida • Constructlon-Type: HIGHWAY • Cdunty(les): DADE HIGHWAY CONSTRUG'7"ION PR OJECTS(excludin$•tunnels; building Structions in • rest areas projects, and railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation; bridges involving marine construction; other major bridges). MOdification Number Publication Date 0 06/13/2003 COUNTY(ies): • DADE • SUFL3009A 08/0111983 Rates Fringes BRICKLAYER/MASON 11,00 CARPENTERS 11.72 CONCRETE FINISHER 12.22 ELECTRICIAN -14.42 ' FENCE ERECTOR 12.00 ', FORM SETTER 10.52 'GUARDRAIL ERECTOR 7.55 . LABORERS: . Asphalt Raker 8.23 Pipelayers 9.14 ,. Unskilled 7.55 IRONWORKERS: . Reinforcing • 13.52J Structural 14.65 PAINTERS 11.62 Page 120 City of Miami Beach copyright i 2004 Ma Gordian Group March 2004 . Pr'oJeGt Manual • . ' POWER EQUIPMENT OPERATORS: Asphalt Distributor 8:67 Asphalt Paving Machine Operator 10.48 Asphalt Screed 9.22 Backhoe 11,27 Boom Auger Operator 10.14 Bulldozer 10.40 Concrete Joint Saw • 11.86 Concrete Curb Machine 10.93 Crane, Derrick, or Dragllne' . . ;13.59 Earthmover 9.57 'Forklift Op. 8.00 Front End Loader: 1 cu. yard and under 9.29 Over 1 cu. yard 0.68 • •Gradernan . 7.64 Gradall 10.50 Guardrail Post Driver Operator 10.75 • •Mechanic •12.00 • Milling Machine • 8.71 Milling Machine Grade Checker • 7.78 Motor Grader - 11.52 Mulching Machine . 7,75 Oiler, Grease Man . 12.21 Pavement Striping Machine • 9.34 Pavement Striping Machine • . Nozzleman 7,91 'Piledrivers: Leadsmen 14:77 Operator 13.71 • Power Subgade Mixer • 8.50 Rollers: Finish 9.18 Rough 7.66 Self Prop. Rubber Tire ..9.20 Scraper 7.55 Sign Erector 11',65 Small Tool Operator' ' . 8.05 Tractor, Light • 7.83 Trenching Machine . S,19 Widening Spreader Machine • . 8.50 TRAFFIC CONTROL SPECIALIST . 7.95 March 2004 City of Miami Beach copyright 0 20CM The Gordian Group Page 121 !Dialect Manual TRAFFIC SIGNALIZATidN: Installer 8:61 'Mechanic 11.47 TRUCK DRIVERS: Low -Boy 8.63 . Single & Multi -Rear Axle 8.05 •WELDERS = Recelve rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications .needed for work not' included within the scope of the classifications listed may be added after award only as provided In the labor standards contract clauses (29 CFR 5.5(a) (1)(II))• • in the listing above, the "SU" designation means that rates listed - under that Identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose '.rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an Initial decisionin the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a'Conformance (additional classification and rate) ruling • On 'survey related matters, initial contact, Including requests' for summaries of surveys, should be :with the Wage and Hour Regional Office for the area In -which the survey was conducted because those Regional • Offices have 'responsibility for the Davis -Bacon survey .program. If the response from this initial contact is not satisfactory, than the 'process described In 2.) and 3.) should be followed. Page 122 City of Miami Beach 00AYriQht C! 2004 The aadfen (IMP March 04 . • • • • . •• . Project Manual With regard to any other matter not yet ripa for the formal process described here, initial contact should be with the Branch of • Construction Wage Determinations. Write tb: Branch of Construction Wage. Deterthinations Wage and Hour Division • • , U. S. Department of Labor 200 Constitution Avehue, N. W. Washington, D. C. 20210 • 2.) If the answer to -the question In 1.) is yes, then an Interested party (those affected by the action) can request review and • reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7): Write to: Wage and Hour Administrator U.S. Department of Labor • 200 Constitution Avenue, N. W. Washington, D. C. 20210 • The request should be accompariled by a full statement of the Interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision .of the AdminittratOr is not favorable, an interested party May appeal directly to the Administrative Review Board (forMerlY the Wage Appeals Board). Write to: AdminiStrative Review Board U. S. Department of Labor ' 200 Constitution Avenue, N. W. • Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECTSION March 2004 City of Miami Basch oopplohl CO 2004 Th. Gofdlort Group Page 123 `rYm.t.:nfaifs •' .PrajectMartual 00925 - . CER VIE'ICATE bF SUBBTAMTIALCOMPLETIOrl • 'PROJECT: . .. .. CITY AND OR (name, address) PROGRAM MANAGER: k ' BID/CON TRACT NUMBER: TO (CITY): ...:. • CONTRACTOR: PROJECT NUMBER: ., NOTICE TO PROCEED DATE: . DATE OF ISSUANCE: . PROJECT OR DESIGNATED PORTION.SHALL INCLUDE: The Work 'performed under this • Contract has been reviewed and found to .be • substantially complete • and all documents • required to be •submitted by • CONTRACTOR under the•Contract Documents- have been received and accepted. • The Date of Substantial Completion of the Protect or portion thereof designated above is hereby established as . . !(date), which • Is 'also the date of ' commencement of applicable warranties .required by the •,Contract Documents, .. except as stated below. DEFINITION OF DATE OF SVB'STANTIAL•COMPLETI'ON The Date of Substantial Completion of the Work or portion thereof designated by CITY Is the date certified by CITY and or Program Manager when all conditions and requirements of permits and regulatory agencies have been • • satisfied and the Work is sufficiently complete In accordance with the Contract Documents, so the Project is available for beneficial occupancy by CITY. A Certificate of Occupancy must be issued for Substantial Completion to be achieved, however, the Issuance of a Certificate of Occupancy or the date thereof is not to be determinative of the achievement or date of Substantial Completion. Page 124 City of Miami Beach copyright O 2004 The Cod Gimp March 2004 • .Pro]ect Manual List of items to. be completed or corrected, prepared by CITY and or Program ' Manager, Is attached hereto. The failure to include any items on such list does not alter the responsibility of CONTRACTOR to complete all work in accordance with the • Contract Documents. The date of commencement of warranties for items on the attached list will be the date of final payment unless otherwise agreed in writing. City andlor Program Manager By Date • In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct the work on the list of items attached hereto within • froln the above Date of Substantial Completion. • CITY and/or Program Manager By Date C1TY, through the Contract Administrator, accepts the Work or portion thereof designated by CITY as substantially complete and will assume full .possession thereof at (time) on (date). City of Miami Beach; Florida By Contract Administrator Date The responsibilities of CITY and CONTRACTOR for security, maintenance, • heat, utilities, damage to the work and insurance Shall be as follows: r March 2004 City of Miami Beach Page 125 copyright 2034 The Gordon Group ....... • .. • " " Proj�ct Manual 00926 FINAL CERTIFICATE OF PAYMENT • PROJECT: CITY AND OR (name, address) PROGRAM MANAGER: BID/CONTRACT NUMBER: TO (CITY): CONTRACTOR : . PROJECT NUMBER: • , NOTICE TO PROCEED DATE: DATE OF ISSUANCE: . All conditions or requirements of any permits or regulatory ageri'cles haVe been tatitfied. The documents required by • Section 5.2 of the Contract, have been •: • "%calved and accepted. The Work required by the Contract Documents has been reviewed and the undersigned certifies that the Work, including minor corrective :Work, has been completed in accordance with the provision of the Contract •Documents and is accepted under the terms and conditions thereof. CITY and/or Program Manager By Date • CITY arid/or Program Manager By Date CITY, through the Contract AdMinistrator, • accepts the work as fully complete and will assume full possession thereof at (time) (date). • CITY of Miami Beach, Florida By Contract Administrator Date Page 126 City of Miami Beach ccpyrI0110 2034 The Gordlun Group March 2004 Project Manila! .00930 FOIFRM OF FINAL RECEIPT The'fo'llowing form wilI be used to show receipt of final payment for this Job Order. FINAL RECEIPT FOR CONTRACT NO. . Received this • .. day of , 20 ' from • City of Merril Beach, :Florida, the sum of Dollars ($ ) as full and final payment to CONTRACTOR for all work and materials for the Project described as: This sum Includes full and final payment' far all extra work and material and ail incidentals. CONTRACTOR hereby indemnifies` and releases CITY from all Ilene and claims whatsoever arising out of the Contract and Protect. • CONTRACTOR hereby certifies that ail persons. , doing work upon • or furnishing materials or supplies far the Project have been paid In full. In Ileu of this certification regarding payment for work, materials and supplies, CONTRACTOR niay submit a consent of surety to final payment In a form satisfactory to CITY. CONTRACTOR further certifies that all taxes Imposed by Chapter 212, Florida Statutes (Sales and Use Tax Act), as amended, have been paid and discharged. [If Incorporatedsign below.] CONTRACTOR ATTEST: Secretary (CORPORATE SEAL) March 2004 By Name Title Date: City of Miami Beach Page 127 copy Ighl O 2C04 The Ciadlun anxlp r "PtoJect Mgnt,ai • Cif not Incorporated sign'bslow.] • CONTRACTOR WITNESSES: • Name By Data: • Page 128 City of Mlaml Beach March 2004 copyright 0 2004 The Gordian amp 01000 ADDENDA'AWD MODIFI6ATI1ONS" :rbject Manual . All addenda and other modifications made prior to the' time and dale of bid opening shall be Issued as separate documents identified as changes to the `Contract Documents. • :March 2004 City of Miami Beach copyright 0 30041he Go dlsn Group Page 129 • . Project Markle, TABLE OF CONTENTS • FOR THE • JOC SUPPLEMENTAL.GENERAL CONDITIONS • ARTICLE 1 THE CONTRACT 133 ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS 134 ARTICLE 3 CONTRACT PERFORMANCE PERIOD • 135 ARTICLE 4 OPTION TO EXTEND CONTRACT PERFORMANCE 135 ARTICLE 5 OPTION TO UNILATERALLY EXTEND CONTRACT 135 ARTICLE 6 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE • OPTION PERIODS ONLY) 136 ARTICLE 7 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 136 .• ARTICLE 8 CHARACTER OF THE WORK 137 ARTICLE 9 MEANS AND METHODS OF CONSTRUCTION 137 ARTICLE 10 CONTRACTOR'S STAFF 138,• . ' ARTICLE 11 COMPETENCE OF WORKMEN 138 ARTICLE 12 ORDERING WORK - 139 ARTICLE 13 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR E WORK.... .. .... ,• • 144 ARTICLE 14 MEASUREMENTS TO BE VERIFIED 144 ARTICLE 15 -FINAL INSPECTION, ACCEPTANCE AND JOB ORDER COMPLETION 144 .•ARTICLE 18. CITY FURNISHED EQUIPMENT/MATERIALS 146 ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL 146 ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY146 . ARTICLE 19 LIQUIDATED DAMAGES 146 ARTICLE 20 r REQUESTS FOR INFORMATION OR APPROVAL 147 - • ARTICLE 21 CONTRACT ADMINISTRATOR . 147. .ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER 148 • ,: ARTICLE 23 THE INSPECTOR •149 • ARTICLE 24 •SITE PREPARATION AND CLEANUP 149 . : ARTICLE 25 ON -SITE STORAGE • 149 .. .ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES 150 ARTICLE 27 TRUCKING 150 ARTICLE 28 EXISTING ELEVATORS 150 ARTICLE 29 CONSTRUCTION ELEVATORS, ETC 150 • -ARTICLE 30 ACCESS TO BUILDINGS AND SECURITY. 151 ARTICLE 31 EQUIPMENT AND FURNITURE 151 . . . January 2004 • City of Miami Beach copyrkhl. 2014 The Gorden Oroup Page I Project Manual ARTICLE 32 APPLICABLE REGULATIONS 151 ARTICLE 33 ENVIRONMENTAL PROTECTION 153 ARTICLE 34 PROTECTION OF WORK AND PROPERTY 153 ARTICLE 35 - FLOOR LOADING 155 'ARTICLE 36 PROJECT SITE MAINTENANCE 155 ARTICLE 37 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY 155 ARTICLE 38 EXPLOSIVES AND BLASTING 156 ARTICLE 39 CUTTING AND PATCHING 157 ARTICLE 40 BARRIERS + 157 •. ARTICLE 41 POLLUTION CONTROL •157 ARTICLE 42 TEMPORARY SERVICES AND UTILITIES 158 ARTICLE 43 . HOURS OF WORK AND ACCESS 161 ARTICLE 44 • ALL LEGAL PROVISIONS DEEMED INCLUDED 161 ARTICLE 45 ARCHITECTURAL AND ENGINEERING SERVICES - 161 • . • ARTICLE 46 • WORK INVOLVING HAZARDOUS MATERIALS 162 • ARTICLE 47 IRE -CONSTRUCTION CONFERENCE 162 ' ARTICLE 48 JOB MEETINGS 162 ARTICLE 49 ENERGY CONSERVATION 163 ARTICLE 50 INTERGOVERNMENTAL PURCHASING AGREEMENT 163 ARTICLE 51 COMPUTER REQUIREMENTS 163 ARTICLE 52 CITY FURNISHED SOFTWARE 164 ARTICLE 53 COMMUNICATIONS 164 Page II City of Miami Beach copyrraht C 2064 Ma Gordlon Group January 2004 Project Manual 02000 JOC SUPPLEMENTAL'CONDITIONS . ARTICLE : THE CONTRACT 1.1. The Contract Documents for thoContract. The Contract represents the entire iritegrated agreement between 'the parties and supersedes all prior negotlatlons, .representations and agreements, either written or oral including the bidding documents, i . 1.2. The Contract Documents shall include: VOLUME I: Project Manual VOLUME lie: Construction Task Catalog .VOLUME lib:. Construction Task Catalog VOLUME Ilia: Technical Speoificatfoiis VOLUME fllb: Technical Specifications VOLUME Illc: Technical Specifications 1.3. Overview of the Contract ' 1.3.1. Job Order Contact (JOC) . is a competitively bid, firm -fixed -price indefinite quantity contract.: It includes a collection of detailed repair -and construction tasks and specifications that have established unit prices. It Is placed with a • Contractor for the accomplishment of :repair, alteration, modernization, rehabilitation, construction, eto., of • buildings, structures, -or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. 1.3.2. Under the JOC concept, .the Contractor furnishe's Management, labor, . materials, equipment and architectural and engineering services required to support individual Job Orders. 1.3.3. The JOC contract includes a Construction Task Catalog (CTC). The .CTC was developed by the CITY and Is based on the use of • experienced . labor and high quality materials. The CTC also incorporates local activity, climate 'and geographic features. 1.3.4. Bidders will' offer (2) sets of adjustment factors that will ber applied against the prices set forth in the Construction Task Catalog (CTC). One set will be for work when Davis Bacon Wage decisions will not apply for construction performed during normal or other than normal working hours with and without Architectural and Engineering Services. The second 'set will be for work when Davis Bacon Wage Decisions do apply for construction performed during normal or other • than normal working hours with and without Architectural and March 2004 City of Miami Beach Page 133 copyright 02004rig Gordian Group .protect Manual Engineering Services. These'adtustment factors will. be used to price Individual scopes of work by multiplying the adjustment factor by the unit prices and quantities, • 1.3.5. As Job Order Contract requirements•are identified by the• CITY, the Contractor will be Issued a Request for Proposal and will be required to develop a detailed price proposal. The Contractor will submit their price proposal to the CITY. If the Contractor's proposal Is found acceptable, a Job 'Order may issued at the agreed upon units, which when ,multiplied by the unit price and Contract adjustment factor, will establish the firm fixed Lump Sum price for the Job Order. 1.3.6. The JOC concept also Inchldes 'a provision for the establishment of 'prices for work requirements that are within the •general scope of work but were not included in the CTC at the time of Contract award. These tasks are referred to as "Non Pre=priced Items". Non Pre - priced (NPP) items may require the establishment of specifications and drawings and may subsequently be incorporated Into the CTC. • ARTICLE 2 INTERPRETATION OF THE CONTRACT DOCUMENTS 2.1'. Upon its own initiative or the Contractor's written request, the CITY may issue •' • • written Interpretation of Drawings (if any) and Specifications necessary for the • proper execution or progress of the Work which interpretations shall be consistent with and reasonably inferable from the Contract Documents. 2.2. The .imperative language of the Contract Documents is 'directed at the Contractor unless otherwise stated. . 2.3. The organization of the Contract Documents Into Construction Specifications Institute ("CSI") divisions, sections, and articles, and the arrangement of Drawings If any, shall not restrict the Contractor In 'dividing the Work among • Subcontractors or in establishing the extent of Work to be performed by any trade. • 2.4; • The JOC Protect Manual Including the JOC . Supplemental Conditions snail apply to all contracts or subcontracts for the work covered by these specifications. • 2.5. The work under thls contract shall Include everything 'described,' indicated or shown In the Contract Documents as defined In Article 1, '2.6. In any action or proceeding to enforce rights under this Agreement; and any appeals arising' there from, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, costs and expenses. Page 134 City of Miami Beach copyright 0 2004 The Qatlrw Group March 2004 • Project Manual • ARTICLE'S • CONTRACT.PERFORMANCE'P'ERIOD .3.1. • The Contract perforniance. perlod' Is twelve (12) Months from the date of award of the Contract or the achievement of the Maximum Contract Term 'Value of $2,000,000 for 12-03/04 and 13-03/04 and $5,000,000 for 14-03/04. The CITY shall have the option to extend the term of each Contract for four additional Contract Terms of twelve (12) months each. The total Contract Performance period shall not exceed twelve (12) months each. The total Contract Performance period shall not extend beyond sixty (60) months. Job Orders placed prior to, ,but not completed by the expiration of this Contract, will be completed with all provisions of this Contract still in force. 3.2, A Job Order Completion Timefor each Job Order issued under this Contract .will be determined In accordance with Article 12-Ordering Procedures. 3,3. : CITY is entitled to and expects full contract perforriance from the Contract award date, Contractor should commence any mobilization activities as soon . as practical after contract award, but before •work on individual Job Orders • begins. ARTICLE 4 - OPTION TO EXTEND.CONTRACT PERFORMANCE 4.1." CITY May not extend any indfvidual'JOC coniract'tarrn beyond one (1) year. Therefore, if during the one (1) year contract term, the Contractor fails to reach the Maximum Contract Term' Value, the Contract will still terminate, unless an option term Is exercised, If there is unused contract value left on an individual Contract term when it expires after one (1) year, CITY shall carry any unused value over to any additional Contract terms. ARTICLE 5 . OPTION TO UNIT ATERAII:L'Y EXTEND CONTRACT 5.1. . The Contract'contains •an Option to" Extend Ptovislon, for four'(4) additional one (1) year contract terms. The CITY has the unilateral option to extend. ,Procedure for exercising option: 5.1.1. Three (3) month$ prior to the Contract expiration date, 'the Contract Administrator, If he desires, ;shall Issue the Contract or a 'preliminary written notice of its intent to extend for •en additional Contract term before the Contract expires. -. 5.1.2 • The extension shall be "accomplished •prlor'to:current expiration date. • Aotual extension to contract shall be accomplished by written notification. . _ 5.1.3 The total duration of this Contract, Including 'the':exercising of the • .option terms, shall not exceed five (5) years, . March 2004 City of Miami Beach copyrights 2004 The Gordian Group Page 135 • , Project Manual ARTICLE ECONOMIC R PRICE (� C ON ADJUSTMENT .,'(APPLICABLE TO THE OPTEY • •6.1. This 'Article provide's a means to adjust the Contractor's Adjustment Factors on an annual basis from the date of the Contract award using actual • escalation/de=escalation :as measured by the Construction •Cost Index (CCI) • published In the ENR (formally knoWn as Engineering News Record) calculated for the U.S. Twenty (20) City Index. . - ` 6.2. • The "original ,Adjustment Factors" are 'those Adjustment Factors submitted With the Contractor's Bid that remain in effect for a one year period beginning • with the date' of Contract award. Providing the Contract is still in effect, the • Contractor's Adjustment Factors shall be recalculated at each annual anniversary date of the Contract award (i.e. in beginning of month 13, 25, 37 'and 49 of the Contract), .• 6.3. CCI Indices are published monthly. Thg "base year for -the purposes of this provision Is the 12-month period prior to the Contract award. The "base year • index" is determined by summing the 'monthly CCI indices beginning with the - month prior to the •Award date for each' of the 12 months of the "base year" and dividing by 12. The result Is the average CCI for the "base year." 6.4. • The "contract year" is the 12 month period following the Initial Contract award. : The "contract year index" Is determined by summing the monthly CCI Indices for the 'initial 12-month contract period and dividing by 12.. The result Is the average CCI for the "contract year." • •6.5. ` The Economic • Price Adjustment for. months 13-24 'of the Contract ' is determined by dividing the "contract yearindex" by the "base year index." The `Contractor's Adjustment Factors for months 13-24 of the Contract are • 'determined by multiplying' the Economic Price Adjustment by the 'original Adjustment Factors". The Economic Price Adjustment for months 25-36, 37- 48, and 49-60 will be calculated in an Identical manner, sliding the "year Index" and the "contract year index" 12 months forward. 6.6. All the above computations shall be carried to five -(5) decimal places and • then rounded to four (4) decimal places. Rounding of numbers. shall be accomplished by increasing the fourth decimal place If the fifth decimal is equal to five or greater. If the fifth decimal place Is equal to four or less, the fourth decimal shall remain unchanged. • ARTICLE 7 • SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION • 7.1. • The 'CITY Is not required to furnish drawings or additional specifications for Job Orders issued under this contract..The CITY 'may, however, choose to Page 136 City of Miami Beach March 2004 oopyrlpM o 204 The Gordian Group PrOJeet 'Manual do so. If CITY provides such drawings and additional .specifications the provision listed below shall apply. 7.2. In caseof conflict between requirements, the requirement which Meets all the codes and, which in the opinion of the CITY is more advantageous to the CITY, shall govern. • . . . ARTICLE 8 CHARACTER OF THE WORK 8.1. The Work te be performed by the iContractie in tonneCtiOn with • each Job Order will be described in the Detailed Scope of Work issued with each . Request for Proposal. . . - 8.2. , Unless otheewlse expressly provided in a Job Order, the Work Must be • performed in accordance with the best, modem practicer with' Materials and Workmanship of the highest quality, to the satisfaction of the CITY. ,. 8.3. In addition te the standards that are 'pet:Scribed herein, ail Work 'Shell conform te fire and safety regulations prescribed in the CITY of Miami Beach Building Code, and ail codes and standards referenced therein,inclusive of the Florida • • Building Code, and any drawings or specifications provided. .8.4. Any Matetial or operation required under this contract shall comply,as .they pertain, with the specifications and instructions of a manufacturer, the established standards of The American Society for Testing •Materials (ASTM). .The American institute of Steel Construction (AISC), The American Standards • Association (ASA), The American Welding Society (AWS), or other industry 'recognized standards. In the case of conflict between recognized standard Specifications and those specifications contained In the Contract Documents, the most stringent shall govern. In case standards for materials and Operations are not listed, the CITY reserves the right to clte those accepted by the profession involved and require that such standards be adhered to in . the performance of the Work. ARTICLE 9 MEANS ANC, METHODS OF. CONSTRUCTION. 9.1. :The MeariS and Methods of ConetruOtion shall be such:as the Contractor may choose; subject, however, to the City's right to reject means and methods proposed by the Contractor that: • 9.1.1. Will contifidte or' create a !hazard to the Work, or to persons or property; or • 9.1.2. . Will not produce finished Work in 'accordance' With the terms or the Contract; or March 2004 • . City of Miami Beach Page 137 copy/1010 2004 The Gordian Orpup • • Project Manual • 1., • 0.1.3. Unnecessarily Increase the. prlCe Of the Job -Order when alternative means and methods are available. • • • • 9.2. The citys approval ofthe Contrader's •Means arid Methods of Construction, •or its failure to exercise its right to reject such means or methods, shall not relieve the Contractor of its obligation•to •acconnplish the result intended by a -.Job Order; nor shall the exercise of such right to reject create a cause of • • action for damages. . ARTICLE 10 • CONTRACTOR'S STAPP • 10.1. General:* The Contractor shall, immediately Upon receiving a fully executed • copy of this Contract, assign• and maintain during the term of this Contract • and any extension of it, pn adequate •staff of competent personnel who are • fully equipped, licensed as appropriate,' qualified and assigned exclusively to • perform the Work The Contractor ishall provide the CITY with the qualifications of the individuals who vuill'serve In those positions listed below. . The minimum experience of each individual below shall be at least five (5) . years. • • , . 10:2. • At a Minimum, the COntractor shall have at all times a Project Manager, •• Estimator and Superintendent assigned to this Contract. Additional staff shall be assigned depending on the volume of Work. The Contractor shall be . responsible for managing, supervising and directing its Subcontractors. • • 10.3. Should the CITY deem the performance of any employees of the Contractor unsatisfactory, the Contractor shall terminate the involvement of such employees in all 'areas of Contract performance. ARTICLE 11 COMPETENCE or WORKMEN • 11.1. Every worker on any part of this Contract shall be competent to perform the task to which he/she is assigned. For both direct and subcontract work performance, the Contractor shall be responsible for and shall insure that no .•'critical facility or utility equipment (plant type equipment) construction or repair • work is performed by personnel with an experience level less .than , Journeyperson. However, personnel with lesser experience may serve as a helper. In all instances, for any work performed under contract, personnel • who have an experience level below Journeyperson shall be under the Immediate supervision of a person with experience level at or above • Journeyperson as appropriate to the occasion. The Contractor shall assure that a journeyperson, foreperson, master, etc., as appropriate, performs or • supervises all required work or services. • • •• • Page 138 City of Miami Beach ••• March 2004 copyrIghi 0 20E4 The GordIrn Group Project Manua! 11.2. The •Contractor shall assure that a �Journeyperson, foreperson, master,• etc., as appropriate, who is capable of directing the Work, performs or supervises all required Work or services. • 11.3. Conditions which 'require the constant presence of a CITY Inspector to assure :the quality of the work will not be tolerated. Any worker who does not produce quality workmanship through lack of cooperation or Incompetence • shall be promptly removed from the Job Upon written order by the CITY. The • judge of quality of workmanship shall be solely determined by the CITY. 11.4. On any Federally Funded projects the Davis-Sacon Act standard rules apply . to this contract. ..ARTICLE 12 . ' ORDERING WORK 12.1. initiation' of a Job Order 12.1.1'. As the need exists for performance by the Contractor under the terms . • of this Contract, the CITY will notify the Contractor of a Joint Scope Meeting. 12.2...Upon this notice, the Contractor shall respond to the needs of CITY within two (2) working days by: 12.2.1.. Establishing verbal 'contact With CITY to further define the scope of the requirement, and 12.2.2. Visiting the proposed work site • in the company of ..a CITY representative, :and participating in a •Jafnt Scope meeting which will include discussion and establishment of the following: project number and title the detailed scope of the Work existing site conditions methods and alternatives for accomplishing the Work access to the Site and protocol for admission : hours Of'operation . staging• area requirements for catalog cuts, technical data, Samples and Shop' Drawings , requirements for engineering and architectural services including sketches, Drawings, •Specfficatians, and as-builts March 2004 City of Miami Beach copyright O2Do4The Gordian Gimp Page 139 .'Project Manual Prelimina y quantity estimates • the applicable Wage Decision .for Federally Funded projects • • • constructions duration liquidated damages • specific quality requirementifor equipment and material • the presence of hazardous materials date on which Job Order Price Proposal !s due .12,3. After the 'Joint Scoping process, the. Contractor and the CITY Will agree on a Detailed Scope of Work, together with a tentative schedule, any sketches, Drawings and Specifications required to adequately document the Work to be accomplished. The Detailed Scope of Work, unless modified by both the ' . Contractor and the CITY, will be the' basis on which 'the Contractor will develop Its Job Order Price • Proposal and the• CITY will evaluate the Job Order Price Proposal. 12.4: •Upon'cbmpletibh 'of the joint scope -meeting and the Detailed Scope of Work • the CITY will issue a Request For Proposal (RFP) which requires the • •Contractor prepare a price proposal for' the work under consideration by the • date indicated on the RFP. 12.5. • The'•Cdntractor will prepare the Job.Order Price Proposal In accordance with the following: . . . 12.5.1. Pre -priced work requirements. Pre -priced work' requirements will • Identify the type and number of work units required from the Volume • II Construction Task Catalog. The price 'per unit set forth in the Construction Task Catalog :shell serve as the base price for the purpose of the' 'operation of this provision. The Contractors Job Order Price Proposal shall include support documentation to indicate that adequate engineering and planning for the requirement has been 'done, and that the work units proposed are 'reasonable for the tasks • to be performed. Documentation to be submitted with the Job Order Price Proposal shall Include,. but not be limited to, drawings, • . calculations, catalog cuts, 3 • specifications, • and r architectural . renderings. 12.5.2. Non. Pre -priced Work Requirements: Units of work not Included in the • • Construction Task Catalog but within the general scope and Intent of this Contract may be Incorporated into this Contract as needs arise. Such work requirements shall be incorporated into and made a part of this Contract for the Job Order to which they pertaln, and may be Incorporated Into the Construction Task Catalog If deterrnlned Page 140 City of Miami Beach copyright O2O 4iheGadIanGroup March 2004 March 2004 Protect Manual appropriate 'by CITY at the .base price determined in "this provision. Non Pre -priced work requirements'shall be separately identified and submitted in the Job Order Price Proposal. Information submitted in support of non pre -priced work shall Include, but not be limited to, the following: 12.5.2.1. Compiete'apeciflcations and techriloaI data, including work unit content, support drawings, work task cost data, quality control and inspection requirements. 12.5.2.2. Work schedule; 12.5.2.3. Costing data, submitted In Support of Non Pro -priced Tasks shall include a 'cost analysis report, establishing the basis for selecting the approach proposed for accomplishment of • the requirements. Unless otherwise directed by the CITY, 'Costing data will be -submitted demonstrating that the 'Contractor sought .and received three quotes.' : The • Contractor shall provide :an installed unit price ...(or • demolition price if appropriate) which shall include all costs required to accomplish the Non Pre -priced Task. 12,5.2.4. 'The final price submitted for Non Pre -priced Teaks -Shall be • 'according to the following formula: 'A •= Matt labor Cost (up through the •foreMari level and • ,including fringe benefits) B = Direct Material'Costs (supported by quotes) • C = Direct Equipment Costs (supported by equipment . amortization data) • is = Subcontractor Costs (supported by quotes) E Allowable Over Head Costs = A x 55% F= Allowable Profit = (A + B + C) x 10% G = Subcontractor Allowahce -.D x•1 O% Total Cost of Non Pre -Priced Task = A + B + C +D + E + E + G *A, B, C, E and F Only apply to work . self -performed by the Contractor. "'D • arid G only••. apply to work self -performed by Subcontractor's. • City of Miami Beach Page 141 copyright 2C04 The Gor Jan Group Proje•cf Manual . . 12.5.2.5. Forlawing approval by the CitY of a Non Pre -prided 'Task and unit price, the Non Pre -priced Task unit price will be 'loaded Into the computer data base. 12.5.2.6. Thetotal extended price 'for the Nan Pre: priced Task will be determined by multiplying the unit price by the quantity required. The price offered in the Job Order Price Proposal will be' determined by multiplying the total .extended price by an 'adjustment factor of 1.0000.. 12.5.2.7. After using a •non pee -priced item on three separate Job Orders, the CITY reserves the right to Include'the unit price for the work item as a pre -priced item into the CTC which would become a 'permanent Item 'and no longer require price justification. • • • 12.5:3. The Cbntractor`s Job Order :Price Proposal shall include, at a minimum: 12.5.3.1. Cost Proposal: • 12:5.3.2. Architectural or ' Entiineeting Drawings or sketches as • required. 12.5.3.4: Catalog cuts, technical data orsarnpies required 12.5.3.5. List of anticipated - Subcontractors acid Materialmen 12.5.3.6..Construction schedule; 12:5.3.7. Certlfrcates for any speclel insurance required; 12.5.3.8. Sample Warrantl'es or guarantees for materials, equipflent Or systems proposed; 12.5.8.9 Schedule of Values If required. 12.5.4. The •Contractor's Job Order Price Proposal shall' be submitted in accordance with the date indicated on the RFP. Unless otherwise stated on the RFP, the Price Proposal will be due lib longer than five • -(5) working days after the issuance of the RFP. The CITY may allow additional time for preparation ,of the Contractor's Job Order Price • Proposal for complex Job Orders requiring engineering/architectural • drawings and approvals and permits, Allowance will be made to provide adequate time for preparation and submittal of the necessary • 'documents and the Job Order Price Proposal and so reflected in the Job Order Price Proposal due date entered on the RFP. In emergency work situations and minor maintenance and repair Job Orders requiring immediate *completion, the Contractor's Job Order Page 142 City of Miami Beach March 2004 oapyiipM a 7Q04 The Ga dI n Group • • ProjectManual Price Proposal 'may be required quickly and the due date. will be so indicated on the RFP. • 12.6. Review of the Jgb Order Price Proposar'and Issuance of Job Order 12.6.1. The CITY shall evaluate the entire Job Order Price Proposal and proposed tasks and compare these with the CITY'S cost estimate of the Detailed Scope .of Work to determine the reasonableness of - : approach, including the nature and quantity of tasks proposed. 12.6.2. CITY reserves the right to reject a Contractor Job Order Price Proposal based on . unjustifiable quantities, performance periods, - inadequate documentation, or other inconsistencies .on the Contractor's part, or for any other reason. CITY also reserves the right to not award an order If City's requirement is no longer valid or the proposed cost exceeds CITY estimate. In these Instances, the Contractor has no right of claim to recoup Job Order Price Proposal expenses. The CITY may pursue the performance of such Work by • •other means. 12.6.3 By submitting a signed Job Order Price 'Proposal to the CITY, the Contractor agrees to accomplish the Work set forth in the Detailed Scope of Work in accordance with the -Request for Proposal at the price submitted. It Is the Contractor's responsibility to include the • necessary tasks and quantities in the Job Order Price Proposal prior to delivering it to the CITY. . 12.6.4 Each Job Order -provided ` to the Crintractor shall reference the Detailed Scope of Work and set forth the fixed price to be paid and the Job Order Completion Time.' Ail clauses of this Contract shall be . applicable to each Job Order.. The Job Order shall be signed by the • CITY and delivered to the Contractor for signature. The• Contractor shall sign a copy of evidencing acceptance of the Job Order. • 12.6.6. In the event that imniediiate emergency response is necessary the Contractor shall be required to follow alternative procedures as established by the CITY. This alternate procedure may be more • • • burdensome to the CONTRACTOR than the procedures described in this section. The 'Contractor shall begin Work as directed not • withstanding the absence.of a fully.deveioped Request for Proposal, •• Detailed Scope of Work, or Job Order. The Contractor shall be compensated In accordance with the CTC and Non Pre -priced Tasks . as if the Work had been ordered under the standard procedures. 12.6.6.' If the City finds inconsistencies'with the Contractor's Price Proposal • the CITY may request the Contractor to re -submit its Price Proposal or cancel the Job Order.. If the Contractor consistently submits Price . .March 2004 City of Miami Beach **Mph! 0 2004 Ito Gorden Group Page 143 • .:':Project Manual Proposals which are rejected by the CITY, the CITY may dec• lare the Contractor In default and initiate termination of the Contract, according to'Articie 15 of the General Conditions. 12.6.7. After the CITY has reviewed the Contractor's Price Proposal and an agreement has been reached as to the nature of the 'revisions, If any, the Contractor is not allowed to make any changes to the revised Price Proposal other than the changes agreed to. ARTICLE 13 CONTRACTORS' RESPONSIBILITY TO "BECOME FAMILIAR WITH THE WORK • . 13'.1. The Contractor Is 'required to' Inspect tine site of the. work of each Job Order • • •and to examine and become familiar with the Detailed Scope of Work, plans, specifications and all other contract documents pertaining to the proposed work. The submission of a Job Order Price Proposal shall be sufficient to testablish the presumption that the Contractor has investigated the site of the Work and is satisfied as to all reasonable conditions to be encountered, • ;quantity and quality of the work to be performed and materials furnished in the completion thereof. .13.2.. Unless otherwIse directed, CITY will furnish subsurface Information :through the use of borings. if, in the course of the work, subsurface conditions vary . Materially from the record indicated by the borings,.the Contractor shall give irnmediate notification, in writing, of 'such variation to the CITY and the • Contract price shall be .adjusted by unit prices established in the bid or agreement, as appropriate. . • 13.3. .Contractor is regUired to examine'and be familiar with existing contracts and - • Work being constructed. .ARTICLE 14 MEASUREMENTS TO BE VERIFIED 14.1. Before ordering any materialor doingany Work, .the Contractor shall verify all measurements at the site of a specific Job Order, and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on ,'account of difference between actual dimensions and the measurements indicated in the RFP. Any difference, which may be found, shall be submitted to CITY for consideration before proceeding with the work. ARTICLE 15 FINAL INSPECTION; . ACCEPTANCE AND JOB ORDER COMPLETION 15.1. Contractor's Punch List Page 144 City of Miami Beach March 2004 .. copyright °2004 The Gordian Owup Project 'Manual 15.1.1. When the Work Is near completion, the Contractor, CITY and or Program Manager shall Inspect the Work and the Contractor shall prepare a list of all items remaining on the Work prior to final • completion. Said list shall be known as the Contractor's Punch List. 15.1.2. The Contractor shall'proceed to complete Or correct all items fisted on ,the Contractor's Punch List and verify that the items have been completed or corrected by signing said Punch List. 15.1.3..The Contrabtor`shall subrnit the 'signed Contractor's •Punch list• to•the' CITY and or Program Manager with a request for a Final Inspection • of the Work. 15.2 The CITY's Punch List' . 15.2:1. lJpon receipt of the •Contractor's'.request, the CITY and or 'Program •Manager shall conduct a Final Inspection to determine whether the Work complies with the Contract Documents. 15.2.2. At the conclusion Of the rine InspectIon; the CITY and or •Prograrn • 'Manager shall notify the •Contractor of any • iterris remaining which Is ' in a deficient or unacceptable condition. Paid list shall be known as the City's Punch List. 15.3'. Correction ofthe CITY'S Punch List I . 15.3.1. Within 3 'days of receipt bf the City's Punch Llst, the Contractor shall Commence correcting all items on the City's Punch List. • '15.3.2. • If'the Contractor does 'hot complete the items on the Owner's Punch List within 10 days of receipt of the Owner's Punch List, the provision . • in Article 15 of the General Conditions may be invoked. 15;3.3. If the Work'on the C1ty's'Pdnch List'carinnt be corripieted within the stated time, the Contractor shall justify to the approval of the CITY and or Program Manager why items cannot be completed and a mutual time will be agreed Upon when such items will be completed. if liquidated damages have been applied to the Job Order, this time in no way effects the original contract schedule. 15.3.4'. Failure of the' CITY and or Program Manager to 'include any item on the City's Punch List shall not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. 15.4. . Items discovered after the original Punch' Oat Which are part of the Job Order Shall be completed under warranty and within .10 days of notification to the Contractor. ', March 2004 City of Miami Beach Page 145 copyright o 20041hs Oordinn Group Project Manual • ARTICLE 18 CITY FURNISHED EQUIPMENT/MATERIALS 16.1. From time to time CITY may elect to supply its own materials and/or equipment for a specific project. In those cases the Contractor shall Provide • transportation of any CITY furnished equipment/materials included on the Job Order. The Contractor shall be paid for transportation of said materials by moans of the appropriate line items from the CTC included in its Job Order Price Proposal. The equipment/materials will be transported from CITY storage area to the work site Indicated on the Job Order. The Contractor assumes the risk and responsibility for 'the less or damage to City -furnished property. The Contractor shall follow the Instructions of City's representative regarding the disposition of all City -furnished property not consumed in performance of a Job Order. _ ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL 17.1. The material and equipment Which are 'removed or disconnected and, in the opinion of CITY, are of value, but are not specified for reuse, shall remain the property of CITY. CITY representative shall be inforrned of the presence of the property and disposition instructions'shall be requested. 17.2. Debris, rubbish, hazardous waste, and non -usable material resultingfrom the work under this Contract to which CITY does not claim a further interest as a result of the preceding paragraph, shall be disposed of by and at the expense • of the Contractor at a location off CITY property. Hazardous wastes must be •-disposed of In accordance with the Resource Conservation and Recovery Act and state and local regulations. The contract adjustment factor Includes the • cost of all clean-up, including final cleanup on each individual Job Order. ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY 18.1. CITY reserves the right to Undertake performance by other Contractors or CITY forces for the same type or similar work as provided for hereunder, as 'CITY deems necessary or desirable, and to do so will not breach or otherwise violate this Contract. The specific Detailed Scope of Work contracted for hereunder shall be defined by the individual Job Order issued. • ARTICLE 10 LIQUIDATED DAMAGES . 1'9.1 •Timely completion of Job Orders issued 'under this Contract Is of the essence. • Should the Contractor fail to complete the work specified in the Job Order, also see Article 2.3 in the General Conditions concerning Liquidated • Damages. . Page 140 City of Miami Beach March 2004 wool* 2004 Tha Gordan 01000 :Project Manual 19.2. Nothing .in this article shall be construed as limiting the .right of CITY to proceed under Atticle 15 entitled "City's Right to Terminate Contract" in the • General Conditions. 19.3. -Nothing herein contained shall be construed as limiting" the right of the CITY to recover from the Contractor any and ail amounts due or to become due, and any and all costs and expenses sustained by the CITY for improper performance hereunder, repudiation of the Contract by the Contractor, failure •to perform or breaches in any other respect, including but not limited to defective workmanship or materials. 19:4...Liquidated •daehages received herein are not Intended to be nor Shall they be treated as either a partial or full waiver or discharge of the City's right to indemnification (as described In a separate article herein) or the Contractor's obligation •to Indemnify the CITY, or to any other remedy provided for by Contract or by Law. • 19.5. The 'CITY will deduct arid retain out of the monies which may become due herein, the atnount of any such liquidated damages; and In case the amount which may become due herein shall be less than the amount of liquidated damages suffered by the CITY, the Contractor or the Surety shall be liable to pay the difference upon demand by the CITY. ARTICLE 20 REQUESTS FOR INFORMATION OR APPROVAL 20.1. From time to time as the Work progresses and in the sequence indicated by 'the approved Progress Schedule, the Contractor must submit to the CITY a specific request in wilting for each item of information or approval required by him. These requests must state the°latest date upon which the information or approval Is actually required by the Contractor, and must be submitted sufficiently In advance thereof to allow' the CITY a reasonable time to act upon such submissions or any necessary re -submissions thereof. ARTICLE 21 CONTRACT ADMINISTRATOR 21.1. The City will assign a Contract Administrator and to oversee the execution of .'the Job Order Contract. The Contract Administrator will manage and administer the JOC Program on behalf of the CITY and oversee the work of the Project Coordinators/Program Managers. 21.2. The contractor shall submit all disputes and matters which touch or relate to the contract, including a claim for breach of contract, to the Contract • Administrator, and his/her/her decision shall be final and binding on •the . contractor and shall also be a condition precedent to the right of the March 2004 City of Miami Beach eopynahta 2o04 The Gerdien o,oyo Page 147 PrOjeof Manual Contractor to receive any monlea under the contract (except as Otherwise • enumerated In the CITY General Conditions). • • . .. • . • •• ARTICLE 22 THE PROJECT COORDINATOR/PROGRAM MANAGER 22.1. The. CITY'S Project •Cobrdinator/Progiam Manager, 16:addition • to • those: matters elsewhere herein delegated to the Project Coordinator/Program Manager and expressly made subject to his/her/her determination, direction or approval, shall have the CITY: • 22.1.1. To determine the amount or quantity, qUality,land acceptability of the work and materials and location of the Work to be paid for hereunder; . . 22.1.2. To determine all question's in relation to the 'Work and performance • thereof, to Interpret the Detailed Scope of Work, Contract Drawings, • • Specifications, and Addenda, and to resolve all patent inconsistencies or ambiguities therein; 22.2.3. To determine how the Work of this Contreictahall be'coorciinated with Work of Other Contractors engaged simultaneously on this Project, including the power to suspend any part of the Work, but not the • whole thereof; • .22.1:4. To make changes in the Worl as the Project COordinator/Prograrn • . . Manager 'deems necessary, including the necessity for issuing additional Job Orders, howeversubject to review and approval by the Contract Administrator. 22.1.5. To artiplify theContract Drawings, add 'explanatery Information and furnish additional Specifications and Drawings, consistent with the intent of the Detailed Scope of Work. .22.1.6. .TO .auspend the' wild° or any part of the Work whenever in. its • judgment such suspension is required (a) in the Interest of the City • 'generally, or (b) to coordinate the Work of the various Contractors engaged on a specific Project, Or (c) to expedite the completion of a Project even though the completion of a particular Job Order may be thereby delayed. ... 22.2. The fdregoing enumeration shall not iniply any ilitiltatfon upon the power of • the Project Coordinator/Program .Manager, for it Is the intent of this Contract that all of the WOrk shall generally be subject to Its determination, direction or • approval, except where the determination, direction or approval of someone Other than the Project Coordlnator/Program Manager Is expressly called for herein. Page 148 • . • . . ' , . • City of Mlaml Beach copyright 0 2004 Tho Gordan 211044) March 2004 •. Project IVlah'uai ARTICLE 23 THE INSPECTOR 23.1. The CITY may appoint such persori'or persons as it may deem necessary to • inspect, at any time or times, the work done under this contract. The inspector designated by the CITY shall be the representative of the Project Coordinator/Program Manager at the Site, .and subject to review by the Project Coordinator/Program Manager, shall have the power, in the first instance, to inspect, supervise and control the performance of the Work. 23.2. The' Inspector, shall not however, have the power to Issue a Job Order for 'Extra Work, and the performance of 'such Work by the Contractor by direction of the Inspector without thereafter •obtaining a Job Order duly signed and issued In accordance with the established procedures .therefore, shall constitute a waiver of any right to extra compensation therefore. The Contractor is warned 'that the inspector has no power to change the terms and provisions of this Contract In any respect. • ARTICLE 24 SITE PREPARATION AND 'CLEANUP The Contractor shall: 24.1. Coordinate with -CITY on a -sequence of procedure's'for galning'access to the .premises, space for storage of materials and equipment, work of materials, use of approaches, corridors stairways, and similar features of a structure. This coordination is -required prior' to commencement of work at a time directed by CITY. • 24.2. Move the furn€tune and portable 'offide equipment In.th'e Immediate Work 'area to a designated location prior to start of work, and replace these items to their original location upon completion of the work. The Contractor will be liable for damages incurred while moving furniture and equipment, and be responsible • 'for contaotirig appropriate agencies for movement of vending machines. 24.3. Perform .clean 'up and site restoratlbn• prior to final Walk-through inspection: All projects shall be delivered in a clean, orderly and usable condition. 1 ARTICLE'25 ON -SITE STORAGE i 26.1. If, during' the course of the contract, the Contractor finds it necessary to place temporary storage trailers containing materials and/or equipment on CITY property, an onsite area will be designated by the CITY. However, the CITY . assumes no responsibility forsuch stored material, equipment, buildings, or •trailers. March 2004 City of Miami Beach Page 149 copyright 0 2004 The 0ordleq 0rWp '.:Project Martial ..ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES . 26.1. The Contractor shall not .cause any disruption to 'on -going community activities at the work site. Planned activities will be .Coordinated with CITY and construction will be accomplished In accordance With the schedule set forth in Job Orders Issued hereunder; Schedule revisions shall be made known to CITY on a timely basis, Work operations shall not create a nuisance IC adjacent tenants or the surrounding neighborhood. ARTICLE 27 TRUCKING . i .27.1. The Contractor shall require that all trucks entering of leaving the protect site 'with loose materials be loaded and covered in a manner that will prevent dropping of materials on streets while in transit. Suitable tarpaulins shall be placed over the Toads for materials subject to blowing. :ARTICLE 28 EXISTING ELEVATORS 28.1..Any temporary use .of existing elevators shall be• by arrangement with CITY 'staff. •Such use will be of an Intermittent nature. The Contractor shall provide • and maintain suitable and adequate protection covering for the elevator machinery, the hatchway entrance, arid the Interior • of elevator during the periods of temporary use. Elevators shall not be loaded in excess of the rated capacity of the elevator. 28.2. CITY will bear the cost .of electrical `urrent for .such temporary existing elevator usage. . On completion of the work, the Contractor shall remove the protective coverings together with any resultant dirt and debris, ARTICtE.29 . CONSTRUCTION ELEVATORS, ETC. 29:1. The Contractor shall construct elevators, cranes and other rigging, lifts, etc., as required for the work. . 29.2. All such construction shall be carried oiat as required by the Local prevailing "Building Codes within the City of Miami Beach and subject to the approval of the City. . 29.3. The Contractor shall maintain 'stairways thtoughbut the whole height of th'e • structures in condition for safe usage by mechanics and others. Page 150 City of Miami Beach March 2004 oopyr101t 0 200071411 Gordian Group Preject Manual ARTICLE '30 'ACCESS TO BUILDiNG&AND SECURITv . 30.1. It shall be the•Contractbr's responsibllity,'through CITY and 'appropriate CITY Staff, to obtain access to buildings and facilities and arrange for the buildings to be opened and closed. it shall be the Contractor's responsibility to arrange . for adequate security of the work site(s) at the end of each work day and on • weekends. • 30.2: • It Is the responsibility of the Contractor to prohibit the opening of kicked areas by the Contractor's employees to permit the entrance of personal other than • the Contractor's employees engaged In the performance of assigned work in those areas. ARTICLE 31 EQUIPMENT AND PURNI`TURE 31.1. Furniture and portable equipmentin the immediate area of work will be moved by the Contractor and replaced to original position upon completion of work. If the work required by the 'Job Order will not allow furniture and portable office equipment to be replaced to its originai positions, CITY will be notified and new locations will be designated by CITY for replacement of the • furniture and equipment by the Contractor. 31.2. Work 'ofmaterials'and equIpmerit and accomplishhient of work shall be made with a minimum of interference to CITY operations and personnel. 31.3. The work shall, so far as practicable, be done In definite'sections or divisions. • and confined to limited areas. Work shall be completed In the section before work in other sections or divisions are started. ARTICLE 32 APPLICABLE REGULATIONS 32.1 The site of the Contract work Is on CITY property and all rules and regulations . Issued covering fire, safety, sanitation,•severe weather conditions, conduct of operations, etc., shall be observed by the Contractor, Contractor's employees, and subcontractors. • The regulations"Include: 32.1.1. Fire Prevention: .March 2004 32.1.1.1. Contractor's .• arid' subcontractor's employees • shall be cognizant of, and shall comply with, all requirements for handling and Storing combustible supplies and materials, daily disposal of 'combustible waste, trash, . etc., In • accordance with National Fire • Code and National Association of Fire Underwriters. ' The Contractor will require employees to become familiar with methods of City of Miami Beach copyflpht O 2034 The Gordfen Group Page 151 Project Manual activating CITY fire alarrns and any City of Miami Beach 'requirements regarding same. • 32.2.1.- Safety: 32.2.1.1.. All rules Of safety that are-orniay be imposed upon the .Contractor by Federal, State, or local code or regulation shall be effectively carried out In the performance of the work set forth herein, .Specific aftention • is called to • adherence to all applicable rules governed by the Florida Occupational Safety and Health Administratibn., Contractor shall take proper safety and health precautions to protect the work, ..the Contractor's employees, the public and the ' property of others. 32.3.1. Sanitation: • - . 32.3.1.1. The Contractor, shall keep the premises as clean as the progress of the work will permit (reasonably free of • accumulations of debris), which shall include the controlling of any noxious weed growth and upon completion, remove all materials and rubbish from the premises, leaving the site clean. 32.3.1.2. Surplus materials, waste materials Grid debris, sVveepings, soot and rubbish shall not be allowed to accumulate and shall be removed from the site forthwith to authorized dumping areas as it 'Is generated.'. No waste materials or debris shall be tossed or thrown onto adjacent Properties or adjacent land areas. 32.3.1.3. The entire Work area shall be cleaned up at the end of each Work session. 1 32.3.1.4. The Contractor shall' thoroughly clean all equipment and materials installed by him and deliver over such materials and equipment undamaged In a bright, clean and new appearing condition.• . 32.3.1.5..At completion'of the Work, the pram€ses should be left In a neat, unobstructed Condition and everything in perfect • repair and order. 32,3.1.6. • Upon completion of the Work, the Contractor shall 'remove all equipment, scaffolding; etc., .and thoroughly clean the Work site before submitting the project to the CITY for final acceptance. • Page 152 City of Miami Beach March 2004 copyright O'10o4 Too Gordian Group • •Prcjoct Manual 33.4.1. Conduct: 33.4.1.1. Contractor and Contractor's employees shall be subject to the same generalrules of conduct while on CITY property that apply to a CITY employee. CITY reserves the right to • refuse access to any Contractor's employee if CITY • detemilnes it to be In the best interests of CITY. ARTICLE 33 ENVIRONMENTAL PROTECTION 33.1. The Contractor shall be 'responsible Ito protect the environment of Work areas as affected by this Contract. Contractor shall be responsible for the proper disposal of all hazardous, solid, liquid, and gaseous contaminants and refuse in accordance with all federal, state, local codes and regulations. ' 33.2.. All chutes'for refuse;and the like shill be covered or'of such a design tti fully confine the material to prevent the dissemination of dust. ARTICLE 34 .PROTECTION OF WORKIAND PROPERTY 34.1. .The Contractor shall . continuously maintain adequate .protection of all the • Contractor's work from damage, and shall protect City's •property from injury . or loss arising in connection with this Contract. The Contractor shall make • good any such damage, injury or loss, except as may be directly due to or caused by agents or employees of CITY.. . 34.2. The Contractor shall at sill 'antes •provide adequate protection and facillties to safeguard all persons passing on orabout the premises in the usual conduct of their business, and any special instructions to the Contractor from the CITY • • to Insure protection, etc. shall be complied with in each and every instance. 34.3. The Contractor shall adequately protect adjacent property as provided by law and or as dlrected by the CITY. • •34.4, The Contractor shall provide and .maintain all lights, footways, guards, fences,. .'gates, etc,, for the proper protection of the public,.and shall comply with all • • . Municipal rules, regulations, ordinances and laws. 34.5. The Contractor 'shall properly and carefully shore up or otherwise supptirt all' live water, sewer and gas pipes, electric wires, conduits,free standing walls,. etc., which may be encountered. 'He shall immediately notify the CITY of . such and give such CITY permisslon to protect the same. The Contractor shall provide sufficient, safe and proper facilities at all times for the inspection of the work. .March 2004 City of Miami' Beach Page 153 copyright 0 2004 The Qwdlan Group ....... • . •Piciject Manual . . . 34.6. The Contractor shall furnish throughoUt 'the, entire 'project, all 'scaffolding, ladders, .decking or runways as necessary to execute the Work in a safe manner. • • 34.7. In an emergency affecting:the safety of life , -'of the work,. or 'of adjoining . property of CITY, the Contractor, without special instructions or authorization •• from CITY, Is hereby permitted to act in at the Contractor's discretion to prevent such threatened loss or injury. • . 34.8. Any coMpenbation'clairned by the COntreictOr on'accOunt of ethergeriCy Work . as set forth in 12.6.5 above shall be determined by agreement of CITY and • • the Contractor. • 34.9. The Contractor Shall carefully proteCtail trees, &Vika,. and hedges, not • -specified as being removed, from injury during building work ',and pay for . .damages to same resulting from insufficient or Improper protection'. 34;10. The Contractor Shall Send proper 'Wide, Make ail riecesgary arrangements and perform .811 other services required for the care,. .prOtection and Maintenance of all public utilities, including mail boxes, ' fire plugs, power and telephone poles and wires, and all other items of this character on or around the building site. • 34:11...Building Materials, . Contractor's. equipment, and other supplies necessary to • the project may be stored on the premises with approval of CITY, This shall in no manner relieve the Contractor from full responsibility for such materials. • 34.12.Whero materials' are not sold Or furnieihed in packages -or Containers, the • Contractor, when requested by •CITY, shall obtain invoices from the • manufacturer or its agents covering- such materials showing the name and . brand of the materials furnished, which invoices must be furnished to CITY. . . 34.18. In the event of accidental damage to or disruption of anyof City's equipment, utilities, or facilities by the Contractor or any of the subcontractors, or when -life or property are endangered, the Contractor shall immediately take all necessary steps to replace/repair ail pieces/parts of any damaged equipment/materials', make all necessary repairs and restore all services to normal. Further, the Contractor shall engage any and all required additional subcontractors, labor, individuals or other outside services, deemed 'necessary by CITY, to operate on a Continuous, "around -the -clock" basis until ail restoration is complete. Also, the Contractor shall provide and install ail required materials and equipment. 34.14, Alt costs invoived in Making repairs end'restoring disrupted services tO normal shall be borne by the Contractor. 34,15. The' Contractor and/or his/her sikcOntrattors 'shall furnish, erect and maintain such signs as may be required by cornOlance with local codes and/or safety Page 154 City of Miami Beach oopyrighle 2C04 The God itin Group March 2004 Pitied Manual regulatiOns for the purposes of controlling traffic and safeguarding life and . property. . . : . 34,16, The Contractor 'shall provide adequate climatic protection for exposed part of buildings wherever work under this Contract is performed. ARTICLE 35 FLOOR LOADING 35.1: Care 'shall be taken that floors are riCt overloaded at any erne. • ARTICLE 36 PROJECT SITE MAINTENANCE • • 36.1. The Contractor shall store all supplies and equIPment an project site(s)si) as to preclude mechanical and climatic damage and maintain project sites in a neat and orderly mannerat au times'. Materials to be stored on the site shall be neatly stacked .and protected and kept clear of all passageways. •The Contractor shall coordinate the work In such a manner as to reduce the disturbances and inconveniences to the tenants to a minimum. ;ARTICLE 37 MATERIAL AND. 8OuIPMENT PROTECTION AND SECURITY 37.1. The Contraotbr shall cover equipment that Is toremain In .place within the area of contract' operations and prOtect it against damage orjoss. This includes equipment that is removed in the performance of Job Orders where directed for reuse In work as required by drawings and specifications. Equipment temporarily removed that is in good operating condition at the time • of removal shall be protected, cleaned and replaced equal to or better than its conditions prior to Its removal. Security for equipment or material that Is to be reused and is removed for temporary storage. at the work site shall be the sole responsibility of the Contractor. if the Contractor considers the equipment to be at risk after removal, arrangements should be made for storage while removed. Transportation to and from the storage site shall be provided for and at the Contractors risk. . . . 37.2. The CONTRACTOR, its • Subcontrabtors and Materialmen shall be - solely • responsible for the properstorage, Security and protection Of all their tools, .equipment, materials and personal Property that they may store or leave on CITY property. The Contractor's Imaterials shall be .stored in an area approved by the CITY. Receipt of such approval, however, does not relieve • the Contractor of Its liability for prevention of any theft, loss Or damage that may occur. The Contractor is •responsible for keeping the Work site(s) secured at all times and is responsible for any damages, vandalism or theft to the Work or materials on the site at all times prior to flnat acceptance of the March 2004 City of Miami Beach .pytighto 2004 The Gordian prop Page 155 Project Manual Work by the CITY. The Contractor agrees riot to hold the CITY liable for any • damage thereto or loss thereof. ARTICLE•38 • EXPLOSIVES AND BLASTING 38.1, ,Use of explosives will not be permitted' without prior written permission from the CITY and the prior to the contractor obtaining all applicable permits. 38.2. If and when the use of explosives Is riet:essary for the execution of the work, the CONTRACTOR shall observe the utmost care, performing such work with experienced men and In accordance with all federal, state, and local regulations so as not to endanger fife or property. In addition to observing all governmental regulations relating to the' transportation, storage, handling and use of explosives, the CONTRACTOR shall conform to any further regulations that the CITY may deem necessary in this respect. Signals of • danger shall be given before the firing !of any blasts and blasts shall not be fired until all persons in the vicinity are known to have reached position out of • danger therefrom. 38.3. Quantities and Records: CONTRA• CTOR shall keep explosives on the site • Only in such quantity as may be needed for the work underway and Only during such time as they are being used.. He shall notify the Project Manager in advance of his/her intention to store and use explosives. .Explosives shall be stored in a secure and safe manner' in strict conformity with all state and municipal regulations and all such storage shall be marked clearly, "DANGER EXPLOSIVES," A daily record shall be kept showing .the amounts of explosives on hand, the quantities received 'and issued, and 'the purpose for which issued. • 38.4. - Damage Or Injury: All blasting necessary on this contract shell be 'do• ne with the express provisions that the Contractor shall be and Is hereunder respbnalble for any and all damages and claims arising from such blasting or by accidental explosions and for the defense of all actions arising from such causes. In case injury occurs to any portion of the work or to the material surrounding or supporting the •same, through blasting, the Contractor, at his/her own expense, shall remove and replace Such injured work and shall furnish such material and perform such work or repairs or replacements as the Project Manager may order. Any damage whatever to existing structures or property due to blasting shall be promptly, completely, a satisfactorily repaired by the Contractor at his/her own expense. 38.5. `Restrictions: Blasting will not be perrriltted within 25 'feet of • .any structure - unless proper precautions are taken, as approved by the Project Manager, to insure that the structure and the material surrounding and supporting the same are not damaged by such blasting. Page156 City of Miami Beach copyright D aoo4 the Gordian Group March 2004 ProJect"M`anual 38.6. mock encountered within 5 feet of existing pipelines or building shah be removed without blasting. 38.7. All blasts in open cut shall be well 'covered and provisions made to protect pipes, conduits, sewer structures, persons, and properly adjacent to the site of the work. Blasting shall be done only with such quantities and strength of explosives and In such manner as will break the rock approximately to the intended lines and grades and yet will leave the rock not to be excavated In an unshattered condition. Care shall be taken to avoid excessive cracking of the rock upon or against which any structure will be built and to prevent Injury to existing pipes or other structures and property above or 'below ground. Where rock is to be removed from sheeted excavations, all braces and wales shall be fastened securely in place to prevent movement during blasting. Blasting will not be permitted between the hours of 5:00 p.m, and 8:00 a.m. except with special written permission of the Protect Manager. After a blast is fired, the Contractor shall cause the excavation to be thoroughly scaled and All loose and shattered rock or otherloose material which appears dangerous to the structure or to the workmen shall be removed and the excavation made safe before proceeding with the work. The fact that the removal of loose or shattered rock or other loose material may enlarge the excavation beyond the . required limits shall not operate to relieve the Contractor from the necessity for making such removal and for backfllling as specified herein. • ARTICLE 39 CUTTING AND PATCHING • 39.1. ;The CONTRACTOR shall do all cuttlrig;'patching end restoration required by • the Work, except as otherwise specified. All restorations shall be to the . satisfaction of the CITY. ,- ARTICLE 49 BARRIERS' 40.1. The CONTRACTOR shall erect temporary barriers arid warning signs to alert 'and protect the public, CITY tenants and CITY employees from the Work as deemed necessary and or as directed by the CITY. ARTICLE 41 POLLUTION CONTROL i 41.1.• During the course of construction; the CONTRACTOR shall conduct his/her operations In such a manneras to1present or reduce to the minimum any damage to any stream or lake from pollution by debris, sediment, chemical, or -.other foreign material, or from the manipulation of equipment and/or materials in or near such stream or ditch flowing directly to such stream or lake. Any :March 2004 City of Miami Beach wpvr 1® 2 4 The oordun Group Page 157 Project Manual Water which • has been Used for wash ;purposes -or other similar operations Which become pollution•with sewage, silt, cement, concentrated chlorine, oil, 'fuels, lubricants, bitumens, or other imp: rifles shall not be discharged into any ' •:such stream or lake. There will be no open burning of materials. 41.2. Techniques .identified in USDA -Soil Conservation .Service "Guidelines .for Urban Erosion & Sediment Control" shall be utilized as applicable for erosion and pollution control. ARTICLE 42 TEMPORARY SERVICES AND UTILITIES Unless the Detailed Scope of Work states otherwise: 42.1. Temporary Services and Utilities: F • 42.1.1. General:. ' 42.1.1.1. The CONTRACTOR shall be responsible for arranging for and providing all general services and temporary facilities a s specified herein and as required for the proper and expedltlous prosecution of the Work. The CONTRACTOR 'shall pay all costs for such general services and temporary facilities. 42.1.1.2. Temporary connections for all utllifies and facilities used by the CONTRACTOR including installation,:maintenance and removal of such facilities shall be at the CONTRACTOR's expense. 42,2. • Water: 42.2.1. The CONTRACTOR shall provide temporary water connections as required for drinking and construction purposes, unless potable water Is available at the Site and 'it's use by the CONTRACTOR is approved by the CITY. 42.2.2. The CONTRACTOR shall note that the. CITY reserves the right to regulate the use of water, and may Impose restriction on the use in *the event water is being used carelessly by the CONTRACTOR. 42.3. Light and Power: 42.3.1. The CONTRACTOR -May utilize power which is -available at the )ob site. The CONTRACTOR shall provide his/her own portable electric system or make temporary connections to the ekisting electrical system as necessary or make arrangements with the power company at his/her own expense, to supply his/her construction needs. An Page 158 City of Mlami Beach March 2004 copyright* 2044Ito Goidwn Group i • Project Manual alternate• power source shall be provided for ternporary heat. The • CITY will not provide electrical power for heating. 42.4. Temporary Heating and Ventilation: ', 42.4.1. The •CONTRACTOR shall provide temporary closures or enclosures for all exterior door, window, roof or other types of exterior openings as required to protect his/her completed work, protect material and equipment being installed, protect the City's facilities, and enable its workmen to accomplish their work In a satisfactory manner and while maintaining the approved ° progress schedule. It shall be .the CONTRACTOR's responsibility to keep water In pipes from freezing • and to maintain temporary .heat in areas where Work Is being performed at not leas than 50 F. before plastering and painting and not less than 60 F thereafter. The CONTRACTOR must obtain the • City's approval for the types, sizes, amounts and location of heating equipment. The equipment must have a seal of approval from the • Underwriters Laboratory or other organization satisfactory to the CITY. 2.4.2. The 'CONTRACTOR shall furnish, .install, operate. and maintain `all ' required temporary heating equipment, and shall provide and pay all fuel costs. 011 fired or gas heating units shall be self-contalned units Which shall be furnished in sufficient number and adequate capacity to conform with the requirements for temporary heat stated above. Each oil -fired or gas -fired unit shall be properly vented as required to .dissipate noxious fumes and prevent . discoloration of building construction. • Temporary electrical connection shall , be provided by the CONTRACTOR, ::42.5. •Temporary Field Offices: 42.5.1..On some Job Orders the CONTRACTOR may be • required provide his/her own field office and utilities as directed by the CITY in the • Detailed Scope of Work. The cost of the Field Office will be treated • as a Pre -priced item- and paid for in the CONTRACTOR's Price Proposal. All other cost will be paid for by the CONTRACTOR. ,Location shall be approved by the CITY. '. 42.5.2. The CONTRACTOR shall provide separate telephones in the . temporary offices for its use.. The CONTRACTOR shall pay for the cost of installing such. telephones and the cost of all telephone . service. The Contractor must provide a stationary telephone or cellular phone at the Job site for their own needs and for the CITY to contact them. City of Miami Beach o pyrlpht@p0WlheGordianGroup Page 159 '. Pro)ect 'ihilanuai 42.5.3. The CONTRACTOR shall proVIde 'a . facsimlie Machine in the . temporary field offices 'to expedite written communication between •the parties. The CONTRACTOR shag bear all costs of providing said equipment. . 42.5.4. The facilities'mentioned above shell be'•made available for the use by . the City's designated representative during its site visits. •42•.6. Temporary Sanitatibn'Facllitles: 42,6.1. • CONTRACTOR'S personnel will normally not .be permitted to- use toilet facilities on project premises subject toregulation and control of • CITY staff. The CONTRACTOR shall provide adequate and suitable • • temporary facilities, 42.6.2..The CONTRACTOR shell providetemporary toilets for the use of the workmen, placed where directed and maintained In a sanitary condition. 42.6.3. At the completion of the contrebt the temporary toilets shall be .. • removed.. • 42.6.4. l=xisting on-slte toilet • facilities may be used to Meet' the above. requirements subject to the prior approval of the CITY. 42:7. Temporary. Fire Protection: 42.7.1.. The CONTRACTOR shall • take all precautions necessary and required to prevent fire ',and comply with the requirements of local . • :authorities having jurisdiction 42.7.2. Fuel to cutting and heating torches shall be gas only, .and shall be contained in Underwriters' Laboratory approved containers. The CONTRACTOR shall provide and maintain a 20 pound capacity, dry chemical type fire extinguisher in the immediate vicinity of the work when welding tools or torches of any type are in use. . 42.7.3. The CONTRACTOR shall not use 'volatile liquids for cleaning agents or as fuels for motorized equipment or tools within building. 42.7.3.1, Tarpaulins 'shelf be securely anchored and fierce proofed, when attached to any wood scaffolding and when used to enclose any portion of a building above the first floor. 42.7.3.1. Flammable . materials shall not be stored, nor debrls allowed to accumulate in or about the site. Page 160 City of Miami Beach cop *2 34 Ms Gordian [3roup March 2004 • • . Project Manual •• •ARTICLE 43 HOURS OF 1NORK AND CCESS . .43.1. The CONTRACTOR shall accomplieh the tasks required by the Job .Order issued hereunder during the normal working period of 8:00 1.M. to 5:00 P.M., Monday through Friday, excluding holidays. For this purpose defining CITY holidays, they are as follows: New Years Day, Martin Luther King Day, the designated Spring Holiday, Memorial -Day, Independence Day, Labor Day, - Veterans Day, Thanksgiving DO, the designated Christmas Holiday, Christmas Day. The CONTRACTORwill not normally be permitted to work on CITY holidays. Work required other than during the aforementioned Working period will be •at CITY direction and/or and require CITY approval 'prior to commencement of work activities. 43.2. Representatives of the CITY will be available on .the Job site with keys for entry between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday • (excluding CITY recognized holidays. The CONTRACTOR Is advised not to perform work in occupied dwellings without the presence of the resident or a CITY authorized employee. • • ARTICLE 44 •ALLIEGALPROVISIONS DEEMED INCLUDED 44.1. It'is-the intent and .underatandlng of the parties to this Contract that each and •'every provision of Law required to be inserted in thisContract shall and is Inserted herein, and if, through mistake or otherwise, any such provision Is . • not inserted, or is not inserted incorrect form, then this Contract shall forthwith upon the application of either party be amended by such Insertion so • as to comply strictly with the Law and without prejudice to the rights of either party hereunder, ARTICLE 45 -ARCHITECTURAL AND ENGINEERINGIERVICES • 45.1. The Contractor will be 'required to proVide A&E services, starnped and sealed . • drawings in support of some Job !Orders. • These services are typically required for obtaining some permits 'and or dOcUmenting the scope of work. :The cost .of all stamped and sealed architectural and engineering prepared drawings will be paid for by using .the contractor's bid factor for these • 'Services. . Any electronic drawings required will be prepared in AutoCAD version 14.0 format or a version apprOved by the CITY. • . 45.1.1 All architeCtural and engine6ring and consulting -firms utilized by the CONTRACTOR to perform its duties hereunder • are subject to • approval of the CITY. All euch professional shall be properly qualified and licensed to practice in and have the ability to legally sign and stamp architectural 'and engineering documents. •March 2004 .F City of Miami Beach • copyruhiono4Th. aorcrion Group • Page 161 Project Manual 45.1.2 At any time when stamped and sealed architectOral and engineering prepared drawings are required, the Contractor shall comply with all provisions of Florida Statute . 287.055 with regards to the selection/contracting with design/engineering professionals. • .45.2 . Additionally the Contractor. Will be .expected to provIde sketches, minor • ••calculations, shop drawings and specifications and "as built" drawings. The ' cost of these services shall be borne by the Contractor. • ARTICLE 41 WORK INVOLVING' HAZARDQUS •MATERIALS. . •:46.1. Any time the Detailed Scope of Work Involves hazardous- material, Including . but not limited to asbestos, lead paint, PCBs, the CONTRACTOR will be responsible for retaining a properly licensed engineer or consultant to modify • the general specifications contained herein to a project specific abatement •plan and specification as required by Florida law. • . 46.2. This 'requirement Is to be considered Icy the'CONTRACTOR as part of the. Scope of the Article above entitled "ARCHITECTURAL AND ENGINEERING • SERVICES. • 46.3. Such abatement plan and speiclficatlon shall .be submitted 'to. the CITY for • .review and approval prior to commencement of any work involving hazardous materials, ARTICLE 47 . PRE -CONSTRUCTION CONOEIRENCE 47.1. • Before the Issuance •of the first Job !Order under' this • Contract, a Pre; •Construction Conference will be conducted by the CITY to acquaint the CONTRACTOR with •the CITY policies and procedures that are to be observed during the prosecution of the Work and to develop a mutual understanding relative to the administration of the . Contract. The ,CONTRACTOR shall be required to attend. . • 47:2: At .the 'discretion of the CITY, and .oh a <Jeb Order •by Job Order basis, there . may be a mandatory pre -construction' conference • at the Project Site to discuss specific management concsrris and requirements' regarding the . • Particular Job Order. The CONTRACTOR shall be required to attend. :ARTICLE 48 JOB.MEETINGS • 48.1. The CONTRACTOR and/or subcontractors or their qualified' representatives • shall attend conferences with City's representatives, at a frequency as • determined by the CITY, for the purpose of coordinating or expediting the • Work. Page 182 City of Miami Beach March 2004 • copyright 02c04 The Gordian Group Project Manual • ARTICi:E 49 ENERGY CONSERVATION . .49.1, CONTRACTOR shall comply with energy conservations plans, and promote • efficient use of ail energy. In addition, the CONTRACTOR shall; 449.1.1. Use fights only In areas where work is 'actually being performed. 49,1.2. Turn off faucets, waives, -and equipment after 'required usage' has been accompllsh'ed. 49.1.3.., Not use CITY telephones for personal. reasons ridr make any toll dr long distance calls. . ARTICLE 50 IfstTERGOVERNMENTAL PURCHASING AGREEMENT • 50.1. ' The :CONTRACTOR May be required to . work on • property under the management of the County or other municipalities or entities which the CITY has an intergovernmental purchasing agreement. Award of a Job Order Contract does not give the CONTRACTOR any exclu&lve rights with regard to location or type of work. Other government agencies please be advised that -this contract is subject to a user surcharge fee in the amount of 1 % on all sales to governmental, not for profit or quasi governmental entity; resulting from this contract resulting from this solicitation and utilization of the City's contract and terms and conditions herein. Furthermore the agency will be required to pay a licensing fee for use of the JOC Contract, to the Job Order Contract Consultant, The Gordian Group, Inc. 51.2. The computer systerrrs Will minim&ly`consist of: 51.2,1: •Latest Model/most powerful,` Pentium processor;' 256 MB expandabre Memory, 3-1/2" 1.44 Mb floppy disk drive, DVD RAM with decoder card, 1 parallel, 2 serial i ports, 2 USB 'ports, 104+ enhanced keyboard, 128 bit 3D/2D minimum 32 MB SDRAM video accelerator, Microsoft mouse and a 19" minimum SVGA color monitor. The computer shall be Gateway, 'Dell, IBM, or approved equal with an . . Intel CPU In a tower case. . 51.2:2. 40 GB ULTRA ATA Drive w/ULTRA ATA controller. • ARTICLE 51 COMPUTER REQUIREMENTS 51.1. The CONTRACTOR is to have In .operational condition one computer systems similar as .described below. The CONTRACTOR shall have staff with basic computer and Windows capabilities to operate their equipment. • March 2004 • City of Miami Beach copyrlphI O2c04 The OWm [croup Page 163 • • Project Manual 51.2.3. Premium Multimedia Package. 51.2.4. Fastest 'available .standard -data/fax modem (US Robotics 56,000 BPS, Telepath modem or approved equal) 51.2.5. 250 MB IOMEGA ZIP drive w/2 ZIP disks: 51.2.6. '3 COM PCI 10/100 twisted palrEthernet network card. 51.2.7. Latest ' model standard office Hewlett Packard laser printer or approved equal 51.2.8. Voltage surge protection device'. '51.2.9. Latest version of MS DOS, MS Windows, Anti -Virus software by Symantec,- and PC Anywhere' for Windows communication software by Symantec. ARTICLE 52 CITY FURNISHED SOFTWARE -52:1. CITY furnished software, PROGENS, Will be provided to the CONTRACTOR for use as a tool to assist with expedient preparation of Job Order Price Proposals in response to CITY needs. This software will contain an electronic ' version (copy) of the Construction Task Catalog (CTC), which can be accessed on the equipment provided .by the CONTRACTOR to locate and Select desired items from the CTC. Onee the desired items are selected, the software provides for selection of quantities and based on the selected quantities, .will extend and total CTC costs for each Job Order Price Proposal. The software will also .permit introduction of non pre -priced items and the application of the Adjustment Factor. PC Anywhere for Windows communication software by Symantec must be available prior to PROGENS being Installed. :ARTICLE 53 COMMUNICATIONS . 53.1. All papersrequired to be delivered to the CITY shall, unless otherwise specified In writing to the CONTRACTOR, be delivered to: Mr.•Gus Lopez, CPPO, CPPR Director, Procurement Division City of Miami Beach 1700 Convention Center Drive • Miami Beach, FL 33139 53.2. And any notice to or demand upon the CITY or' Shall be .sufficiently given if so . delivered, or deposited In the United States mall in a sealed, postage -prepaid Page 164 City of Miami Beach March 2004 copyright 0 2004 The Qordlan Grcup Project Manila) envelope, or delivered. with charges prepaid to any telegraph or delivery company for transmission/delivery to said Contract Administrator, at said address. • 53.3. Any Such notice shall be deemed to'have been given 'as of the time of actual delivery; or, in the case of mailing, when the same would have been received .in due course of post; or in the case of telegram or delivery company, at the time of actual receipt. 53.4 Nb lcds required to be delivered' to .the CONTRACTOR shall, unless Otherwise specified in writing, .to the CITY, be delivered to the address the CONTRACTOR provided in the Bid Documents. March 2004 City of Miami Beach page 165 copyrbhl02004 The Gordian Group nrr.,..,✓....rr4s.4m.'.xmwn�a.rn-Arr• ..r.. +a .....�.__� . • . • • • • . . - • • • . • ..itreejaCi.Minuai . • • . . Thle Page Intiinticinaily Left Blank •1 . . . . . , :Page 160 City of Miami Beach March 2004 • capyildit 20:41he Gordian Group • . . •