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HomeMy WebLinkAboutproject manualProject'N anoal. -00S80 SUPPLEMENT TO BID/TENDER FORM - DRUG FREE. • WORKPLACE CERTIFICATION PRIOR TO AWARD OF THE CONTRACT THIS' FORM MUST BE SUBMITTED • ..FOR BIDDER TO BE DEEMED RESPONSIBLE. .The undersigned Bidder hereby certified that It will provide 'a dr• ug-free workplace program by: (1) • Publishing a statement notifying its employees that the unlawful manufacture, distribution, 'dispensing, possession, or use of a controlled substance is prohibited in the offerors workplace, and specifying the actions that will be :taken against employees for violations of such prohibition; (2) : ' Establishing' a .continuing drug -free awareness program. .to Inform its employees about: (1) . The dangers of drug 'abuse in the workplace; (II) : The Bidder's policy of maintaining a drug -free workplace: .(11i) . 'Any 'available. drug counseling, rehabilitation, -and employee assistance programs; and (iv) The penalties that may be Imposed upon employees for drug abuse violations occurring in the workplace. (3) Giving all employees' engaged In performance of the Contract' a copy of the statement required by subparagraph (1). ,(4) Notifying all employees, in writing; of the statement required by subparagraph .• • (1), that as a condition of employment on a covered Contract, the employee shall: (1) Abide by the terns of the statement; and • (1I) Notify the employer in •writing of the employee's conviction under a . - • criminal drug statute for a violation occurring in the workplace no later • than five (5) calendar days after such conviction; (5) Notifying City 'government in writing within ten (10) •calendar days after' • • receiving notice under subdivision (4) • (II) above, from an employee 'or otherwise receiving actual notice of such conviction. The notice shall include • the position title of the employee. Page 48 City of Miami Beach ccarbK 0 Raw T. Gorden Gtogp March 2004 • Project Manual (6) 'Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the Workplace: . • (1)'. . Taking appropriate personnel action against such employee, up to and including termination; or (II) Requiring such employee to participate satisfactorily in a drug abuse • assistance or rehabilitation program approved for such purposes by a • federal, state, or local health, law enforcement, or other appropriate ,agency; and . (7) Making a good faith effort to maintain a drug -free workplace program through• implementation of subparagraphs (1) through degar eee-e-04 i (Bidder Signature) / / mac an STATE OF \ \ COUNTY OF lC . .The'oregoln 20.E •v __ - - - �4 -�9. es (title of ;! - zia Cam= z-.1C" (name-at-persnwhose signature is being notarized) (name of corporetlon/company), rowri tome-to be the person described herein, or who produced . • as identification, and who did/did not take an oath, C1 NOTARY PUBLIC: March 2004 (Signature) rib MEI 9A E.. SANCH EZ Notary - Stott) of Mattis IfgrC9rrriiiv ait21,2606 CarirAlOPkin # 001213675 Clanle fey Netrreti Nntry Assn. • (Print Vendor Name) (Print Name) My commission expires: nan City of Miaml Beach copyright O BCo4 Tho Gordian Group Page 49 ,Project Manual .00540 • SUPPLEMENT TO Bib/TENDER FORM -TRENCH SAFETY • ACT PRIOR TO AWARD OF THE CONTRACT THIS FORM MUST BE SUBMITTED WITH BID FOR BID TO BE DEEMED RESPONSIVE. • On October 1, 1990 House Bill 3181,.known:as the Trench Safety Act became law. This Incorporates the Occupational Safety & Health Administration (OSHA) revised . excavation safety .standards, citation 29 CFR.S.1926.850, as Florida's own standards. . The Bidder; by virtue of the signature below, affirms that the Bidder is aware of this Act, and will. comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Bidder and subcontractors. The Bidder Is also obligated to identify the anticipated method and cost of 'compliance with the applicable trench safety standards. • • BIDDER ACKNOWLEDGES THAT INCLUDED IN THE ADJUSTMENT 'FACTORS OF THE PROPOSAL ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT. . • 1N' :ORDER TO : Eg COOIDEJ Eb . RESPONSIVE. TH€ ' • BIDDER MUST • COMPLETE THIS FORM. SIRIANDAUMILLuatukigiumpoubign Page 50 Nam = of Bidder Authorized Signatureof Bidder City of Miami Beach March 2004 • eopyrio 0 2004 The OaAlon Group . , PrOJact Manual 00500. RECYCLED CONTENT INFORMATION . . In support of the Florida Waste Management Law, Bidders are`enoouragad to supply • •with their bid, any information available regarding recycled material content In the • products bid. The City Is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.);'and the percentage of recycled material. contained in the product. The City also requests information regarding any known of • potential material content In the product that may be extracted and recycled after the product has served its intended purpose. March 2004 City of Miami Beach Page 51 coprighi 62004The Gordian Oroup Project Manual 00600 CONTRACT CONTRACT THIS IS A CONTRACT, .by and between the City of Miami Beach, a political subdivision of the Stale of Florida,• hereinafter referred to as CITY, and Catrlvon Construction :Co. hereinafter referred to as CONTRACTOR. WITNE S SET .H, that CONTRACTOR and CITY, for the • consideration's hereinafter named, agree ae follows: ARTICLE 1 SCOPE OF WORK 1.1. The Scope of work under this Contract' shall be determined by individual Job Orders • .'issued hereunder. Upon .receipt of a Notice to Proceed, the CONTRACTOR shall furnishes all architectural and engineering services to support Individual Job Orders, shop drawings, samples, management, documentation, materials, supplies, parts (to included system components), transportation, plant, supervision, labor and equipment needed to perform the work at designated CITY properties. ARTICLE'2 CONTRACT TIME 2.1. CONTRACTOR shall be Instructed •-to commence the Work by written Instructions in the form. of a Standing Order issued by the- .CITY'S Procurement Director and a ;Notice ..to Proceed issued by the Contract 'Administrator. .The term of the 12 month 'contract shall commence •on the date of the Contract, The maximum cohtracttime is no more than 5 years or when the maximum value of the canted is reached. 2.1,1. Once the Contract la in 'place,. Job Orders will .be Issued. for the individual Job Orders through Notice .to Proceeds.• The tirne for completion of individual Job .Crderswill be contained in the Job Order Notice to Proceed. Page 62 City of Miami Beach coprrdglil9 2034 The Gordan Cloup March 2004 ProjectManual • 2.2. TIME) is of the .essence tiiroughou't this Contract. Job Orders shall be Substantially completed within the specified calendar days listed on each individual Notice to Proceed, and completed and ready for final payment in accordance with Article 5 within the time specified on each individual Notice to Proceed. 2.3. •Liquidated Damages (LDs) May be applied to•indivldual 'Job Orders at the discretion of the City. The dollar amounts) relative to LDs are not intended • to be applied as penalties, but rather to be applied as damages to the City for its inability to obtain full beneficial occupancy and/or use of the Project. LDs 'on construction projects ,other than .streetscape or utility protects .are hereby fixed at $1,000 per day and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages . that will be sustained by the City as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of • said damages and the cost and effect of the failure of the Contractor to complete the project on time. 2.3.1 LDs relative id, a streetscape / utility project. The additional cost realized by the•City consists of the following components: Additional construction administration by City, Program Manager and Consultant. Additional resident observation by City and Program Manager. Loss of use of facilities; such as loss of parking revenue, sldoValk cafe fees, etc. The 'coat realized .by the City for'extended. project milestone completion • Consists of the sum of the Program Management (PM) fee, the City Construction Management (CM) cost, additional Consultant fees that would • be incurred by the City for each day that the project completion is delayed and those costs realized by the City for Toss of facility use. It Is estimated that • the PM component of City Incurred 'expense could reasonably consist of one resident observer ($75'per hour for 8 hours per day $600), one Project Coordinator ($125 per hour for 4 hour per day = $500), and one Project Administrator ($50 per hour for 4 hours per day = $200). Hence, the estimated PM component of the liquidated damage -value to be used on streetscape/utility projects would be $1,300 per day. • March 2004 City of Miami Beach Page 53 copyright 2004 T e Gordian amp • Prooect Manual It is estimated that the Construction Management corriporient of City -incurred expense would be based on the recognized rate of 4% of total project cost. Hence, a $5,000,000 project that has construction duration of 300 working . days would result in a CM cost component of $800 per day. This value would `vary by project and can be established by the Program Team and provided to the Consultants accordingly. Loss 'of Parking Revenue:. it applicable, will be incorporated .in the Job Order/Notice to Proceed. • • • 2.4. CITY Is -authorized to • deduct Iiquldeted damages .from 'monies due • to • CONTRACTOR for the Work under this Contract or as much thereof as CITY may, In its sole discretion, deem just and reasonable. 2.5. CONTRACTOR shell be responsible for reimbursing 'CITY, in • addition to liquidated damages, for all costs inciirred by the CITY and or Program Manager- .In administering the construction of the Protect beyond the • completion . date specified in each Job Order RFP, plus approved time • extensions. The CITY'S and or Program construction 'administration ousts shall be pursuant to• the contract between CITY and Program Manager, a .copy of which is available •upon request of the Contract Administrator. All • such costs shall be deducted from the monies due CONTRACTOR for .perforrnance of Work under this Contract by means of unilateral credit change orders Issued by CITY as costs are incurred by Program Manager and agreed . to by CITY. • ARTICLE 3 THE CONTRACT SUM AND ADJUSTMENT FACTORS 3,1. CITY shall pay to CONTRACTOR for the perforrnahce of the Work described in the Contract Documents. The contract Is an indefinite -quantity contract with no minimum values. The maximum amount that may be ordered under contract 12-03/04 and contract 13-03/04 is two million dollars ($2,000,000) 'per term. The maximum value of that may be ordered under contract 12- 03/04 and contract 13-03/04 Is ten . million dollars ($10,000,000). The maximum amount that may be . ordered under contract 14-03/04 Is ($5,000,000) per term. The maximum value that may be ordered under this • contract 14-03/04 is twenty five million ($25,000,000), - 3.2. Payment shalt be at the lump sum price stated in the Notice to Proceed for each Job Order. This price shall be full compensation for ail costs, Including overhead and profit, associated with .completion of all the work in full Page 54 City of Miami Beach March 2004 .oayTwh e soda The Gordian Group • • Project Manual conformity with the requirements as Stated or ehown, or both;• in the Contract . Documents using the following adjustment factors: 3.2.1. Normal Working Hours Construction: Contractor shell perform any or all functions -called for in the Contract Documents and the Individual project Detailed Scope •.of Work, scheduled during normal working hours in' the quantities specified In individual Job Orders against this contract for the unit price d times the adjustment factor of:• traction Task Catalog (CTC) multiple . 4.0375 3,2.2. • Normal Working . Hours Corietructiotl -.with'rc iitectUral and r all functions Engineering Services$: • Contractor shall petany called for in -the Contract' Documents and the individual project . Detailed Scope of Work, scheduled during .normal working hours in the quantities specified ire individual Job Orders -against this contract for the unit price sum specified in the .Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0900 3.2.3. Other Than Normal Working Hours Construction:. Contractor shall perform any or ail functions called for In the Contract' Documents and the individual project Detailed Scope of Work, scheduled during other than normal working hours in the quantities specified in individual Job Orders against this contraat for the unit price sum specified in the Construction Task Catalog' (CTC) multiplied times the adjustment factor of: 1.0500 3:2.4. Other Than Normal Working Hours .Construction with Architectural and Engineering .Services: , .Contractor shall perform any .or all functions called for in the :Contract Documents and the Individual • . project Detailed Scope of Work, scheduled during other than normal .working hours in the quantities specified in individual Job Orders against this contract for the unit price sum specified in the Construction Task Catalog' (CTC) multiplied times the adjustment factor of: .1.0600 3.2.5. Normal Working '„Hours Constructio using called DavisfBacon toe Cages: es: Contractor shall perform any or all functions • Documents and the individual project Detailed Scope of Work, scheduled during normal working -hours in the quantities specified in individual Job Orders against this contract for the unit price sum ' March 2004 City of Miami Beach Page 66 copyright ® 2004 The Card4n Group • ..-,Project llilanuat specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: 1.0900 3.2.6. Normal Working Hours Construction using Davis Bacon Wages with . Architectural and Engineering Services: Contractor shall perform any or - ;all functions called for in the -Contract Documents and the individual project Detailed Scope of Work, scheduled during normal working hours in the quantities specified In individual Job Orders against this contract . for the unit price sum specified in the Construction Task Catalog' (CTC) multiplied times the adjustment factor of:• 1.11b0 3.2:7. Other Than Normal Working Hours Construction using Davis Bacon* Wages:*. Contractor shall perform anyor all functions called for in the Contract Documents and the individual project Detailed Scope of Work, scheduled during other' than normal working ,hours -in the quantities specified in individual 'Job Orders against this contract for the unit price sum.:specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: -L0900 3.2.8. Other Than Normal Working Hours Construction- using Davis Bacon Wages with Architectural and Engineering Services:. Contractor shall perform 'any or all functions called for in the Contract Documents and the individual project Detailed Scope of Work; scheduled during other than normal working hours in the quantities .specified in individual Job Orders against this contract for the, unit price sum specified in the Construction Task Catalog (CTC) multiplied times the adjustment factor of: L:0900 ARTICLE 4 . PROGRESS PAYMENTS 4.1. For Job Orders of duration of 45 days or less; the City will make only one final payment. For Job Orders of duration of more .than 45 days the contractor may make Application for Payment for work completed during the Project at intervals of not more than once a month. Contractor's application shall show a complete breakdown of the Project components, the quantities completed . Page-86 City of Miami Beach March 2004 copyright dt 2004 The aced en Group Project Manual and the amount due, together With such supporting• evidence as may be required by CITY. Contractor shall include, -but same shall be limited to, at City's discretion, with each Application for Payment, an updated progress •schedule acceptable to CITY as required by' the Contract Documents and a release of liens and consent of surety relative to the work which is the subject .of the Application. .Each Application for Payment shall be submitted in triplicate to CITY for approval. CITY shall make payment to Contractor within thirty (30) days after approval by CITY of contractor's Application for Payment and submission of an acceptable updated progress schedule. 4.2.. Ten percent (10%) of all monies earned by contractor shall be 'retained by CITY until Final Completion and acceptance by CITY in accordance with Article 5 hereof, except that after ninety percent (90%) of the Work has been completed, the Contract Administrator may reduce the • retainage to five percent (5%) of all monies previously earned and all monies earned thereafter. Any reduction In retainage shall be In the sole discretion of the Contract Administrator, • shall be recommended by CITY. and CONTRACTOR Shall have no entitlement to a reduction. Any 'interest earned on retainage 'shall accrue to the benefit of CITY. All requests for retainage reduction shall be In writing In a separate stand alone document. .4.3. • CITY may withhold, In whole or In part, .payment to such extent as may be necessary to protect itself from Iowa on account of: .4.3.1. Defective work not remedied. • 4.3,2. Claims filed • or reasonable .evidence •lndlcating .probable filing of claims by other parties against CONTRACTOR or CITY because of Contractor's performance. • 4.3:3. Failure of CONTRACTOR ' to make : payments properly ..to . Subcontractors or for material or labor. 4.3.4. • Damage to another contractor riot remodled. • 4:3.5. Liquidated damages .and coats • Incurred by CITY for extended construction administration.: 4.3.6 Failure of CONTRACTOR to provide any and all docurtients rewired by the Contract Documents. .March 2004 City of Miami Beach Page 57 • aopy, oh o goo, Group • • Projeot Manual :ARTICLE 6 ACCEPTANCE AND FINAL PAYMENT • • 5.1. Upon receipt of written'notice from 'contractor that the Job Order is ready for final inspection and acceptance, CITY and or Program Manager shall, within '•ten (10) calendar days, make an inspection thereof. If Contract Administrator • find the Work acceptable, the requisite documents have been submitted and the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies • have been met, a Final Certificate of Payment (Form 00926) shall be Issued by CITY and or Program Manager, over its signature, stating that the. requirements of the Contract Documents • have been performed and the Work is ready for acceptance under the terms and conditions thereof. :• 5.2.. • Before Issciance of the Final Certlficate'for Payment, contractor shall deliver to the CITY a complete release of all llen$arising out of this Contract, receipts . in full In lieu thereof; an affidavit certifying that all suppliers and subcontractors have been .paid in full and that all* other indebtedness connected with the Work has• been paid, and a consent of the surety to final payment; the final corrected as-bullt drawings; and Invoice. 5.3. If,. after the Work has been substantially completed," full'corrmpletion thereof is -materially delayed through no fault of contractor, and the CITY so certifies, CITY shall, upon certificate of the CITY. and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.4. Final payment shall be made only after the CITY Manager or his designee • has reviewed a written evaluation of the performance of contractor prepared by .the Contract Administrator, and approved the ' final payment. The acceptance of final payment shall constitute a waiver of all claims by contractor, except those .previously made In strict accordance with the • provisions of the General Conditions and identified by contractor as unsettled • at the time of the application for final payment. Page 58 City of Miami Beach mPYr7h C 2001 fie Cloidtin Grow March 2004 Project 'Manual ARTICLE 6 . . MISCELLANEOUS 6.1: This Contract is' part of, and incorpbrated In, the Contract Documhents as . defined herein. •Accordingly, all of the documents incorporated by the Contract Documents shall govern this Project.- • 6.2: Where there. Is a conflict bet teen any provision set forth within the Contract Documents and 'a fliore stringent state or federal provision which Is applicable to this Project, the more stringent state or federal provision shall prevail. 6.3. Public Entity Crimes: 6.31. • In accoidani;a with the' Pubeic��� s � anti cior�oconsultant,orlo hear Statutes, a person or affiliate provider, who has been placed on the ,convicted vendor list following a conviction for a public entity crime may not submit a bld on a Contract to provide any goods or services to the CITY, may not Submit a .bid on a contract with the CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to the CITY, may not be awarded or perform work awe contractor, supplier, subcontractor, or consultant under a contract with the CITY, and may not transact any. business with the CITY In excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor .shall result in cancellation of the CITY purchase and may result in Contractor debarment. • 6.4. Independent Contractor: • • 6.4.1.` Contractor is an :independent contractor under this Contract. Services provided by Contractor pursuant to this Contract 'shall be subject to the supervision of Contractor. In providing such services, • neither Contractor nor its agents shall act as officers, employees, or agents of the CITY. This Contract shall not constitute or make the • parties a partnership or joint venture. 6.5; Third Party $eheficlaries: 6.5.1: • Neither Contractor'norCITY intend to•directly or substantially benefit a third party by this Contract. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either of them based upon this Contract. The parties expressly acknowledge that it Is not their . • March 2004 City of Miami Beach coprigM©200M1The GordianGimp • .Page 59 • Project Manual • intent to create any rights or obligations in any third person or entity under this Contract 6.6. Notices: • . 6.6.1. •Whenever either party desires to give notice to the other, such notice must be in writing, sent by -certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shell remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the folloWng: For City: ._ • City of Miami Bench Procurement Division 1700 .Convention•Ceitter Drive .„. • • Miami Beadkitiorida 33139' Attn: Gus Lopez With -copies to: City Attorney City of Miami Beach 1700 Convention Center Drive Miami 'Beach, Florida 33139 For Contractor. Carivon Construction Co. . 12171 Sw 131 Avenue Miami. PI. 33180 - Attn: Wynne. Munn 8.7. .Assignment and Performance: 6.7.1. • Neither this COntract • nor any interest herein .shall be tistigned, transferred, or encumbered by either party. In addition, Contractor shall not subcontract any portion of the work required by this Contract except as authorized by Section 27 of the General Conditions. • Contractor represents that all .persons delivering the services required by this Contrad have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently' perform' the duties, obligations, and services set forth in the Scope•of Workand to provide and perform such services to City's satisfaction for the agreed compensation. March 2004 Page 60 • City of Miami Beach copyrighl 0 VON The 00100n WOW ,P.,41,10Kammimbens.vr.••.—, • • Project Manual 6.7.2. Contractor shall petforrn its' dutle's, ,abllgatibns, .and services Under •this Contract in a skillful and respectable manner. The quality of Contractor's performance and all interim and final product(s) provided • .to or on behalf of City shall be comparable to the best local and • national standards. 6.8 . Materiality and Waiver of Breach: .6.8.1. City and Contractor agree that each requirement; duty, and obligation • ',s'et forth in these Contract Documents Is substantial and important to . the formation of this Contract and, therefore, is a. material term hereof. . • . 6.8.2. ' Cify's' failure to enforce 'anyprovislon of this' Contract shall not be • deemed a waiver of such 'provision or modification -of this Contract. A waiver of any breach of a '.provision of this Contract shall not be deemed a waiver of any • subsequent breach and shall not be construed to be a modification of the terms of this Contract. 6.9. Severance: 6.9.1. In the ••event a 'portion .of' this' Centred .Is found by a court of competent jurisdiction to. be invalid, the remaining provisions shall • continue to 'be effective unless City or Contractor elects to terminate ' • this Contract. An election to terminate this Contract based upon this ; • . provision shall be Made within seven (7) days after the finding by the court becomes final. .• .. 8.•10. Applicable Law.and Venue: . •.• 6.10.'1. This 'Contract shall' be snforeeable In 'Miami=Oa County,de Florida, ton the and if legal action is necessary by either party with respect :enforcement of any or all of the terms' or Conditions herein exclusive Venue for the enforcement of same shall He in Miami -Dade County, .. Florida. By entering Into this Contract, CONTRACTOR and CITY hereby expressly waive •ahy rights either party may have to a • trial by jury of any civil litigation related to, or arising out of the . • Protect. CONTRACTOR ; .shall specifically bind all sub- contractors to the provisions•of tills Contract. 8.11 Amendments: . • 6.11.1. No'modlfication, arimendment, or alteration In the terms or conditions' contained herein shall be 'effective unless contained in a written . document prepared with the°same or similar formality as this Contract and executed by the Board and Contractor.. 6.12 Prior Agreements: • • March 2004 City of Miami Beach Page 61 oopylot a 200I Thi (i Wain Group ' .Project Manua! •. 6.12.1'. This documentincorporates and •i Iudessalndil ior negot1a 1 understandings correspondence,. conversations, • .agr8 applicable to the matters contained herein and theaparties agree that there :are no commitments, agreements . or understandinge concerning the subject matter of this Contract that are not contained in this document. Accordingly, L the parties agree that no deviation from the terms .hereof shall' be predicated upon • any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein' shall be effective unless set forth In :writing In accordance with Section 6.11 above. .I 'WITNESS vVHENE6P, the parties have set their hands'and seals the day and year first above written. Robert Percher, City Clerk MIAMI BEACH David Dermer, Mayor APPROVED ASTO FORM & LANGUAGE • &FOR EXECUTION Page 62 City of Mlarnl Beach oupyrfpTrl 0 2034 Th. Gordian Group L-11'ai. Date •.• March 2004 • • Projeci fifiartual • CONTRACTOR .MUST EXECUTE THIS •ICONTRACT AS -INDICATED •BELOW. USE CORPORATION OR NON-CORPORATIONPORMATI AS APPLICABLE. • Of incorporated sign below.] ATTEST: S cretary) Corporate Seal) (if not incorporated sign below.] WITNESSES: CONTRACTOR Name of By (Signature and Title) (Type NameMti Signed Above) day of CONTRACTOR By (Name) (Signature) (Type Name Signed Above) day of , 20 .CITY REQUIRES FOUR (4j FULL -EXECUTED CONTRACTS, FOR DISTRIBUTION. • -March 2004 , , • . • City of Miami Beach Page 63 copyright er 2004 The wan Gov :t ) . • • :Bid Bond • :KNOW ALL MEN BY THESE PRESENTS, that We Carivon Construction Company .12171 SW 131st Avenue, Miami, FL 33186 83 Principal, hereinafter called the Principal, and Greit American Insurance Company 2701 Maitland Center Pkwy, #125, Maitland, FL 32751 . . • a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto city of Miami Beach, 1700 . . - . Convention Center, 3rd Floor, Miami Beach, FL 33139 • .. as Obligee, hereinafter call the Obligee; In the sum of Fiffy Thousand and XX/100 Dollar's • (S50,000.00) • . for the poyment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, . . . . . .. . . • our heir; executors, administrators, successors and assigns, jointly and severally, firmly by thpresents. .' . • . . ese . . , ' WHEREAS, the said Principal has Mbniitted a bid for ITB 14-03/04, Capitol Improvement : . • • NOW, THEREFORE, if the Obligee shall accept the bid 'of the principal and the Principal shall enter into a . . . . . Contract with the Obligee in accordance with the terms of suck bid, and give such bond orbonds as may be . • • specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of .such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the . • event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall - pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and • • such larger amount for which the Obligee may in good faith contract with another party to perform the Work • covered by said bid, then this obligation shall be null and void, otherwise to rennin in full force and effect. . • • . • Signed and soiled April 22, 2004. . . Carivon Construction COM a • Grear American Michas B Florida R surance Com net, A rney-la-Fact and ident Agent (Seal) (Sa) • TERRORISM COVERAGE RIDER NOTICE -DISCLOSURE OF TERRORISM COVERAGEAND PREMIUM ' The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The -Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act • provides that, to be certified, an Act of Terrorism must cause losses of at least five • million dollars and must have been committed by an individual or individuals acting on • behalf of any foreign person or foreign interest to coerce the government or population of • the United States. . To be attached to and form part of Bond No. N/A ' ; effective •Apra l 22,' 2004 In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department ofthe Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certaia•losses caused by terrorism. In 'accordance with the Federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the' portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. • 1 • GREAT AMERICAN'INSURANCE COMPANY® Administrativttr Office: SBO WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-SU00 • FAX 513 T23-2740 The number of persona authorized by . this power or nttorney is not more than THREE• No. 017672 POWER OF ATTORNEY ' - KNOW ALL MEN•IW THF:,SE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing tinder and by virtue of the laws of the State of Ohio. does hereby nominate. constl tote and appoint the person or persons named below its true and lawful attorney - in -fact, for it and in its Hume. place and stead to execute in behalf of the said Conipeny, as surety, any and all hands, undertakings and contracts of suretyship, or other written obligations in the nature thereof: provided that the liability of the sold Company on any such bond. undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name MICHAEI-. A. HOLMES GERALDJ, ARCH MICHAEL BONET Address Limit of Power •' . ALL OP ALL FT. LAUDi~RDAL.E. FLORIDA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorncyfs)•in•fact named above. ' . • 1N WITNESS WHEREOF the GREAT AMERICAN I NS U RA NCE COM PANY has wised these presents to be signed rind attested by Its appropriate officers and its corporate seal hereunto suffixed this 31ST day of JANUARY ALUM GREAT AMERiCAN INSURANCE COMPANY • t>DUGIJAS R. BOWEN (8t3•S4ti••96ti) STATE OF OHIO. COUNTY OP HAMILTON • ss: • . On this 3 1ST day of • JANUARY. 2003 : • . before me personally appeared i)OUGLAS R. BOWEN. to me known. icing duly. sworn. deposes and says that he resides In Cincinnati. Ohio. that he is the Divisional Senior Vita: President of the Bond Division of Great American Insurance Company. the Company described in Ind which executed the above instrument: tint he knows the seal of the said Company: that the seal ttftixed to the said Insururtient Is such corporate seal; that it was so AMA by authority or hit office under the By -Laws ot'said Company. and that he signed his nume thereto by . like authority. - • This Power nf Attorney is grunted by authority or the following resolutions adopted by the fttwnl of Directors of Gnat American insurance Company by unanimous written consent dated March I. 1993• . RESOLVED: That she Division President. the .+;r, c rat Division. tore Presidents and Assistant Wce Psysidens. or any One tidiern, he and hereby I.t arrthoc .elf, fervor time to tine. to appoint one or matte Aherne rs•hs-Farr to execntr on behalf of the Company. as starer: any and all bon& undertakings and • . tynatrsu is of suretyship. Or taller written obllgntlons In the motor thereof us proscribe their respective dories and the tespeerIve limits of their authority; and to revoke any .racif appointment at any rinre. RESOLVED FURTHER: Thar the Company seal and the signature tf any of the elfin -maid officers r ens and ant' Secretary or Assistant Sec wary of the • Company may be affixed by,farsirnile fanny power of attorney ur r•err r are of either given for the excrsuion of any bond, andertaklnA, rtrirrac•r or rweiyahilr. or other written oblige:Mininthe 'Imam theme;f.such signarrur(yid seal when.snused being hereby adopted bytheCompany asthe orI inalsignalumarms.* officer and the original seal oj'the Company: to be valid and bb,diog upon the Company with the stone fame and (feel as though manually, affixed. CERTIFICATION• . 1. RONALD C. HAYES. Assistant Secretary of Great Amerlean'lnsumnce Compnny. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors or Mauch 1. 1993 have not been revoked and ens now in full force and effect. Signed and sealed this 22nd day or April • 2004 81029T (11/01) 41. €onstrcktlufl Apri122, 2004 Procurement Division • City of Miami Beach 1700 Convention Center Drive - Third Floor Miami Beach, Florida 33159 Re: JOG Bid for: Capital Improvement Project Bid/Joc Contract No: Itb 14-03/04 • Carivon Construction Company has successfully been involved in J.O.C. work for the past three • years with Metro Dade County School Board and presently holds a Capital Improvement Projects contract number 75,01/12 with the City of Miami Beach. Carivon is knowledgeable in 'all aspects and requirements of the J.O.C. program. . The management team that will be assigned to this project is as follows: •. Carlos Hernandez • General Contractor Project Manager Ivonne Munne Owner Accounting Melba Sanchez Executive Assistant : J.O.C. DataEntry Osvaldo AlfonsoSuperintendent Manuel Gallardo Superintendent Sergio Nino • • Estimating If you have any questions, please contact me at your earliest convenience. Sincerely, • • Carlos Hernandez Vice -President 12171 S.W. 131 Avenue /Miami, Florida 33186 / (305) 232-9024 / Fax (305) 232-9028 / E-mail carivon@bellsouth.net 3 145,500.00 3 400.000.00 500))00.00 $ 910)300.00 $ 121 000.00 $ 009.707m 5 275,17200 $ 5913.s00.00 240.000.00 3 1.077.513.00 rse.murrorm5Tesmsa is mnia rommirmo rwmns rs irm li MN INEMMINIIIIIII I MERTENS El e NMI ® i MINENTTI EIFEE IIIIETEI 22 • • e esa4s40004 MEM e 009 Kennel a ringnmmirm rommai NIA P 0.000542 1,0A312291T D1155.8 = 100A100A0 $ 210.000.00 _ itio.d 0Jo0 3 35.000.00 n!!!!!!111111!!!!!!Mil Hard Dads HUD Mari Dade Avindon bed II Dade •. AnbOe Soled A0347A 6.500.00 3 15,800.00 3 400.000.00 6ACC 94-0505 %rearo [lade HUD U.S. Coast Guard kliad Dade Can+dlond car Dent ofHe 3Ralnb Mai Dade Aviation U.S. Coast Guard kende Bennett Claude B Carlos Herrera Public Works kla¢dt Snob Borneo groan Two Year Ternn, Guard Hennes Sena Herres Hen Gas SiarlpnWaelpens Hew Careesctbn ' Clearance Center ADA Upgrades SL !duration Carla 540-03-.71S uS Corp of Engineers Guido Hernandez 5bnn Wisindd III' _ :- . . RNard Mendez' Carlos Hanadez 3R5-e614183 Gielos Bernarelez Canes Hammier 305-510-0046 Colon Hernandez Caries Hernandez 305-005.5420 3059955420 305382-1e84 305.3,24 1 305-0+6s424 MTN SIM Cadosinonard PM-PMEn11.11 3 560.000/0 U-sCoes/Ginerd MTN rirmemmimmdgvs coGud *14 3 1,0S7,301.71 u.s. Gears nmerm $ 211 00000 SurdstR4 Caro REM 305 47D-5410 305.53e-4135 305-2534400 90544G 1789 305436-1275 305470.5440 Cado6 Hernandez Carlos Hernandez 3oszras700 904-232-1150 /1 305-2714700 cabs Hernandez moos Hernandez Cabsflenwrda Delos Hernandez Carlos HerrerrdQ Cedes Hernandez Cedes Hernaadez Cadet Hernandez Carlin Hsrnaedez Grebe Herrrsder Carlos # lane des CatrlosHarandez Carlos Hernandez Ree+oraHan10 ADA UD9r+delA leaAbeemenblierovnie Sep-a1 EM ETEMLNP!MEI,Coen ,o�Kernel . Carlos Hunandet Carlos Hernandez Carlos Hernandez Carlos Hernandez Luis calla lee. Cards Luis cam Cities Hernandez tais Garda Urn Garda Carlos Ckern Car; Chao Calm Cceyo Carlos Cicero 10 Hew Wend House riarghant « Renovations b Resida6d Brldregs New ConstrnoBoe of Gas SraBaMWard,ouse Hew Parking Let MTM oa ee Fab43 Rarovaeen b tald en and barrage WTI .lunal6 28 8011-855412311 ens-220•e000 $ 904M0.00 US . • . of EMIL-nen Nam Bras Cat's Hernandez Gado HBIanOA2 Carlos Haz arrrd= Garbs Hernandez l0slortcal Reslerdion' or Denims Jullarr ERE CARIVON CONSTRUCTION COMP ORGANIZATIONAL CHART JOC CAPITAL IMPROVEMENT PROJECT ITB 14-03/04 Administration ivonne Munne Melba Sanchez I Carlos Hernandez Project Manager :1• Ivan Figueroa 1 Superintendent Osvaldo Alfonso vIi L V/ Igri l V L U U 9 { J. Y V l' I. I V+ ti.7 / U V G .I V Y I R I V 1 V 1 n wIl PROJECT MANAGER, • He will expedite and coordinate day-to-day project operations to ensure the project goals are attained. He will directly manage the construction and will be involved from early development stages to project completion. He will manage preparation of all document control systems, review construction documents, maintain the project scheduling program, monitor and evaluate cost and schedules, coordinate construction activities, • •stimulate quality work from subcontractors, prepare payment requisitions, monitor and direct field activities, coordinate day-to-day activities with the City of Miami Beach and consultants, conduct weekly Owner progress meetings. establish and maintain quality control, safety programs. He will also secure owner acceptance of any scope changes), • conduct pre job and on job meetings plan major construction operations and sequences. S1]PERVISOR He will assist and coordinate scheduling activities t rough•application of diversified : controls. He will plan, assist in the preparation of planning and scheduling including initial schedule and bar charts. He will interface with Project Manager, City of Miami Beach, and Subcontractors on all planning and scheduling related items including Carivon's reporting requirements, progress status, new impacts. • He will assist and prepare detailed cost estimates together with the estimator, tracking costs during construction, he will review and incorporate historical data from purchase orders, subcontracts, productivity analysis reports, etc. Into unit and man-hour lures. He will review proposal specifications, drawings attend pre bid meetings eta. to determine scope of work and required contents of estimate, and will prepare estimates by Calculating complete take•oft's of the scope or work. He is responsible for maintaining files of working documents as back-up for estimate figures, interfacing with the City of Miami Beach and subcontractors to provide, if applicable, engineering and cost data regarding project feasibility. ;ESTIMATOR • The project estimator is directly in charge of project estimating, He will visit the site with the Project Manager to review specific scope of work in details. Estimator will apply correct line items fl:om the JOC Item Book to submit cost proposal within the allocated time. XPROtiECT MANAGE] He will expedite and coordinate day -today project operations to ensure the project goals are attained. He will directly manage the construction and will be involved from early • • development stages to project completion. He will manage preparation of all document control systems, review construction documents, maintain the project scheduling program, monitor and evaluate cost and schedules, coordinate construction activities, stimulate quality work from subcontractors, prepare payment requisitions, 'monitor and direct field activities, coordinate day-to-day activities with the City of Miami Beach and . consultants, conduct weekly Owner progress meetings, establish and maintain quality control, safety programs. He will also scours owner acceptance of any scope changi(e), . conduct pro job and on job meetings plan major construction operations and sequences. SuPERVISOg • • Re will assist and coordinate scheduling aotivitiee through application of diversified controls. He will plan, assist in the preparation of planning and scheduling including . initial schedule and bar charts. He will interface with Project Manager, City of Miami . Beach, and Subcontractors on all planning and scheduling related items including Carivon's reporting requirements, progress status, new impacts. • He will assist and prepare detailed cost estimates together with the estimator, tracking • costs during construction, he will review and incorporate historical data from purchase orders, subcontracts, productivity analysis reports, etc. into unit and man-hour figures. He will reviewpropoaat specifications, drawings attend pre -bid meetings etc, to determine scope of work and required contents of estimate, and will prepare estimates by calculating complete takeoffs of the scope or work. He is responsible for maintaining files of working documents as backup for estimate figures, interfacing with the City of Miami Beach and subcontractors to provide, if applicable, engineering and cost data regarding project feasibility. ESTIMATOR The project estimator is directly in•charge of project estimating, He will visit the site with the Project Manager to review specific scope of work in details. Estimator will apply correct line items from the .IOC Item Book to submit cost proposal within the • . allocated time. • • • v f r• r • r r/ -• • r• v vs. r r• v • JOC BID .FOR CAPITAL IMPROVEMENT PROJECT CONTRACT NO: ITB 14-03/04 Project Initlatian to Project Close Out • • City of Miami Beach informs' Carivon that a specific' project has been assigned. +► Set up a site visit with the City of Miathi Beach JOC Project Manager to review scope of work. Including • procedures, specifications andmeasurements. • • . • • Request plans from Owner four project. estimating, if available. • 1• . • Estimate project and assign line items to the project scope. Items not found in the JOC Book Will be assigned as a non pre priced item which will have three proposals • attached for comparison: Owner will meet with • Carivon's Pro jest Manager and estimatorto review -scope as well as proposal. Corrections of agreed line itelins, quantities and specifics will be corrected and resubmitted for approval. Owner will initiate a Notice To Proceed. • Submit product data and submittals for approval. • Construction will commence and completed by the time allocated. • A notice of Substantial Completion will be submitted to the Owner. • Asite meeting•will be conducted to generate a punch list of deficiencies for corrections..- . Notify Owner of Project Completion.. • . Owner to conduct second walk thru to confirm punch list items have been completed. •I V IVl IV �VVf llviV VL 14f{�„IV 1 • , Complete Certificate of Completion forms for Contractor, Architect and Owners signature, if applicable. Through out the progress of work on a monthly basis, Carivon will submit an Application for Payment with all related documents for payment. : As per the attached Organizational Chart, Carivon has the staffing for multiple and emergency projects:. All employees have been employed by Carivon for several years and has the required experience needed for this project. Carivon has successfully completed several projects under the JOC program with Miami Dade County School Board simultaneously with The City of Miami Beach with no deficiencies. • sr1-u'rMill 'V &OP', id.'fllv1, I0,00/111.1. VoC.IU.411[10 r V Carlos Hernandez. • 12171 SW 131 Avenue • Miami, Florida 33186 305-232-9024 WORK EXPERIENCE: CHIEF PROJECT MANAGER/CHIEF ESTIMATOR January 1991 Present CARJVON CONSTRUCTION COMPANY Miami, Florida Co -Founds` and Vice President. Responsible for the development and execution of- construction/ground up/design/build projects including prime contract negotiations, preliminary cost analysis, bid preparations, subcontractor negotiations and buy-outs, project schedule for labor and materials and subcontractor budget monitoring. Preparation of payments requisitions and project close-out. Supervise personnel on multiple projects including job superintendents, subcontractors, and internal tabor forces. Oversee all estimates. EXPERIENCE: Miaini Dade County Public Schools September 11, 2001 to Present JOC/Maintenance #J0001-Central 3 City of Miami Beach April 24, 2003 to Present JOC #jOC#75.01/02 Citywide Sceattached list of projects completed and in process M&R PLANNERS PROJECT MANAGER Estimated cost for this project $2,500,000.00 34 Single Residential Homes EDUCATION: March 1987 February 1988 • High school Graduate . Miami Dade Community College, 'Construction Management State of Florida, General Contractors License, 1987 US Army Corps of Engineers, Construction Quality Management for Contractors 1 v v c.r -r 'V 1 I I Y 1. A v, ti 3/ Ir V. V J L I V 9 l 4! 0 r r . Ivonne'Munm 12171 SW 131 Avenue Miami, Florida 33186 305.232-9024 WORK EXPERIENCE: Controller/Asst. Project Manager CARIVON CONSTRUCTION COMPANY Miami, Florida Co Founder and President. Responsible for: Public Relations, Construction from Conception to Completion, Job Costing, Develop/Monitor Project budget, Prepare all Project Reports, Prepare all Financial Reports, Accounts Payable/Receivable, Sales, • Marketing, Advertising, Organization of staff, Bid Preparations, Soliciting Bids from Subcontractors, SubcontractorNcndor Request, Preparation of Payment Request to Owners, Project Close Out, Change Orders, Purchase Orders, Responsible for Loans/redit Lines, Payroll, IRS Documentation and all Legal Issues. EXERIENCE: Miami Dade County Public Schools September 11, 2001 ,i OC/Maintcnance #J000l-Central3 City of Miami Beach April 24, 2003 to Present JOG/075.01/02 Citywide See attached list of projects completed and in progress. Chief Sales Administrator Dean Witter Reynolds Miami, Florida Sales Administrator Merrill Lynch, The Falls Miami Florida EDUCATION: January 1991- Present February 1985 --May 1989 January 1984—February 1985. High School Graduate Miami Dade Community College, Business Administration 1 %Iriu/mni u LuuN I0.41/01. 13.»'/I11). 03'1IU4f'Liif r d Osvaldo Alfonso 12171 SW 131 Avenue Miami, Florida 33186 305-232-9024 SUPERINTENDENT May 1998 -Present CARIVON CONSTRUCTION COMPANY Miami, Florida Over fifteen years experience as a construction professional with a solid record of — consistenntly completing projects on time and under budget. Succesaflil experience in motivating and direction divergent personnel and agencies toward a cooperative effort on projects. Possess management attributes required to foresee and react to problems through communication and documentation. Over 15 years experience of sucocasfutl projects with various South Florida Government Agencies. EXPERIENCE: Miami Dade County Public Schools September 11, 2001 to Present JQC / Maintenance #I0001-- Central 3 City of Miami peach April 24, 2003 to Present IOC 475.01102 Citywide See attached list of projects completed and in process GARCIA-ROSS CONSTRUCITON SUPERINTENDENT EDUCATION: December 1984 — November 1991 High school Graduate US Army Corps of Engineers, Construction Quality Management for Contractors • • • • •Nrl i.r.r. .v r• .y• ./r.• .Y v/r .v•.f.Y. . v Sergio rlino 12171 SW 131 Avenue • Miami, Florida 33186 ' • 305-232-9024 'Asst Estimator CARIVON CONSTRUCTION COMPANY • Miami, Florida . Responsibility include:. • Assisting Chief Estimator, Process Monthly' Construction Summary, Maintain Change Order Log, Shop Drawing Logs, RFI Logs and Construction Cost Logs .Experience Miami Dade County Public Schools September 11, 2001 to Present JOC/Maintenance #J0001— Central 3 City of Miami Beach April 24, 2003 to Present JOC #75.01/02 Citywide EDUCATION: High school Graduate Miami Dade Community College, Presently Attending 'March 1998 - Present raum k• . ier*osa lrltu7MAT 5 '1UU4 ld:sy/NU.IM1U4121a f lY 15306 Q.W. 007` Army, Mlwnll, Fiends 03107. ///20/40 , '%t8ZT2 BDOWLATiCAOt„ COM $ulill4AkY OF • Eaton=Iva ixplliariet ln'archlteOttrrmI des'Ipn, disttlilg, end AutoCAD • CluAuWamio1iui produdlon and management 1i WO as stronpie$d experience. Raaponsible for tha daslon of both residential and commercial projaals. Inn iudinp: custom 'weary horn, low and t31oh rise oondemlhluma rind apartment complex., ergo and office facilities at Miami International • Airport, eohools, ACL $ whopping centers, office buildings Im4 restaurants. LC Ina{isotor. • • 11Pligt -- „B rawn a Ilr:iww a+rellsbro s' • 'der Prat Minor • • • • .Dada County School. ' M1amy FL . lr.ot r11 ken . ltetablla .Pro fs • • Malec Dade Transit Authority • • Miami International idrpoit, • Nigerian River Fadlitlsa. 10ti44997 . =illthl i Rib ock. bsC *wombat d fnol/ii FL ' 'nywoi MaeiaSV1CAbD.11 anger . ■ 'Flatter Island . ■ tilsriey and Fax SWdioi ; eydnsy, ;Nitro*. 100�•1A00 •isrrri, &'Braww At'cklt.ete • Feafract Ilde nicer • • Dade County Sdioo s •A ill Ian Mairipblea. oolaaitei* a • Corm Oiloi;,I . • Auoust lea • • Tas iporary CAOD Fr.i.niitTortaind FrodUltian • • It wimAY b 7UUJ4 13:41/ST. 13:3g/N0. 63210141218 P 13 • • • .r 100i-1 • h.rFi>,r,'CMo, al; FL. Praised MariSipir Dade County scrims 1966 9090 • siwdy i Babcock, the Crio iimt °r'awwr FL ,S.Nlor Draftsman . Fisher Island �r9t6.1 David Jigr'ran.rr, Arabl i ct, P:A, .' Mlii.t Fi. •!Prelate Arehltrieto Aoin find ►rU Vatlon• low and high nee condomlMumt 1967-1090 •IM MndNM 11 Ijrrir/tkirfta n ' Worked with Deslpned Engineering Se►vlces Therm it Mauweli Jr., P.E. (Consulting Engineer) 19974 660. • Oland *Ilwri S WF and Ilsavdlitin Miaihl, FL Dblpn and I+rodnatlan 1 v66-1966 • $i.wrird O tlidnn.r, Archltoata . Mls>eitl, FL Donlon and Production .. "Alain international Airport . ; 99E3.4ptt5 • Aterle.ltr trrrir Dselmi .,iit~IinMr • Mlim , FL • Design arrd Production ' Ott the rPr ururrnb rkioti of the .31,tirititur 1tUstonfrireli - . tht. hgrre - liitrittior sf rturi &toil Banda' ithar ihr- /hereunto inihtroor 'Accra, the oral of the Eitiiiirsitu the-oirpotureo: of the iirtigitnt twit the Prat urr 1trrrunh2 nth.- :: (bitten ut Coral +- Witte, ftLt1 U, Iflt . »+virint .v 405)9 IV.9L1V14.1V'.037/IYV. VJL.1V91Ll0 r l0 Siakda Delialiatait of]i tAd o4 • IThCI cSRImcATr OF Cor1[..LANC$ 'nJa h to cede/ . • SAEID DOWLATI • . b cettlned to caotrliwct V!C Iaipttt1ess of �ublk �dtto�loaci is u • preMribed 1v 1. 23t1.2S, LS. sad ,,tiles of die Stow Kowa sf Education Vail ows4O4t to 01-312O*4' :AV: t .' . .353446 • Nirt.v/E*in u Luu4+ :I0•ec/o1. 13•0y/PALLISCIu91[10 1' .lo • 424o S.W.U1s it. • Mimi FL. 33134 `. Ivan FigU roa Haase C305) 14400 ' • Fax C34S) 631-1499 E.m.(12400aars bc1boutaxiet Object►e Use my knowledge and experience to benefit your company .. Education ' .1981 1982 New. York City Tech. College ' Brooklyn N.Y. • - , . . Electronics technology . ; . .Recelved no degree . .work experience • DIC 2003- Present Carivon •Coustrucbo4 ' Miami Florida • Pitied Coordinator . • • Coordinate Sub -Contractors 'work, maintan WOrk progress sheets, prepare pre -task plans for Safety team, organizes and attend general contractor meetings help maintain safety program. . FEB-2003 -- DIC 2003 . . ABC. COnstructlOn IVliami Florida :.. Safety Manager-- Cerpe der • , . Coordinate employee safety program in Miami International Airport to abide by D.H.S.A. standards. Implement training program, accident • prevention and protection. • OCT 2001--FEB-2003 Figaro Construction Isabela interior •Contractor • • ' • • • Construction of drywall partitions, acoustic drop ceilings, ceramic and . Linolium tiles and general interior construction. Maintain a safety program for my employees to follow.. FE8-2001.--OtT 2001 Acutee•Spedaity Syatems•CazoUna P.R. Supervisor . . .. . . • Supervised installation cif acoustic ceilings and drywall partitions in Up . John Phsmacia,•Nicorette production building and Luis M11111os Marin international Airport.• • 4.4.1 10 .0t1/011.1• t)44 14J41.1 10 r Otiactivp . . . 4140 S.W.litift. hc.005)441-2400. . ' • Miami FL.. 33134 , Fcc(303)01-1499 , ' . • •• .„. Einal12400mart@bolleniiii,irrit Ivan fl oa Use my knowledge and experienoe to benefit your company Education 1981 — 19/32 New York City Tech. College Brooklyn N.Y. Elecbonico technology Received no degree • .• Work • - • :DIC 2003- Present • •Carivon Conitnietion • .1vijanii Florida . eXperienC• Project Coordinator • • . • • ' • . Coordinate Sub.Contiactais work, iciaintaiti work progress 'sheets, . prepare pre -task plans for safety team, organize and attend general contractor meetings help maintain safety program. . FEB-2003 JAC 2003 ,AX‘C..Constiection Miami Florida • ' • Safety Manager — Carpenter' , • " • Coordinate employee safety pregram in Mianii International Airport to . abide by 0.H.S.A. standards. Implement training program, accident prevention and protection. .. . . . . • . OCT-2001 — FEB — 2003 • Figaro Constivetion , Isabela P.R. Interior Contractor • •• • • • • . • • Construction of drywall partitions,•ac.oustia drop Ceilings, ceramic and Linolium dies and generaiititerior construction. • Maintain a safety prograth for my employees to •follow. FEB-2001 - OCT. 2061 ...AcuteC Specialty Systems Carolina P:R. Supervisor • . • . , . .• . , • • Supervised installation of acoustic collim and drywall partitions in Up • John Pharnacia, Nicorette production building and Luis Mimios Marin • international Airport. MAR-2000 FEB- 2001 •Caribbestilnd, Const. • Ouyanabo P.R. Assistant Supervisor . . • Supervised installation of drywall taming, gypsum board, tam doors, door frames, acoustic ceilings and gencrat interior construction at Merck Sharp 1k Demo Pharmaceuticals and Hevviert Packard, San Juan Puerto • •Rico. • Coordinate employees safety to abide by OSHA sandards. JIM.1994.— AtIG- 1999 Radtteli, Inc. Guaynabe • Sales and Distribution • , . . . Sales and distribution of radiator and radiator sig)plids, reorder supplies and deliver mercbandiSe. ' Exliscurricular activities • ..Accreditation's and licenses APR .4987 .41.TL.. 1994 •C & AcIe COnst. Brooklyn N.Y. • Assistant Manager Supervise and Install drywall flaming, 'gypsnta board, tiles, &Oki, door frames, acoustic ceilings and general interior construction, • • • Fishing,tomputers, cooking and eatpentry. . • OSHA 500 certified Trainer, competency training in scaftolds, fall • protection and excavations, completed basic training in CPR and First Aid, Aerial work platform safety course completed powder actuated tool certified, read coasts plans, set interior layouts References available npon 'rciptest This is the front page of the performance/payment bond issued in compliance with Florida Statute Chapter 255.05 Surety Name: Great American Insurance Co. 2701 Maitland Center Pkwy, 4125 Maitland, FL 32751 407-667-0022 Bond Number: 4175327 Contractor Name: Carivon Construction Company 12171 SW 131 st Avenue Miami, FL 33186 305-232-9024 Owner Name: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 305-673-7490 Project Number: 14-03/04 Project Description: City of Miami Beach, Job Order Contract: Capital Improvement Project Project Address: Various Locations, City of Miami Beach, Miami -Dade County, Florida Legal Description of Property: Various Locations, City of Miami Beach, Miami - Dade County, State of Florida This is the front page of the bond. All other pages are subsequent regardless of the pre-printed numbers. 00710 FORM OF PERFORMANCE'BOND . Project Manual Bond No. 4175327 BY THIS BOND, We Carivon Construction Company as Principal, hereinafter called CONTRACTOR, and Great American Insurance Company as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, In the Initial amount of Two Million Dollars ($2,000,000), for -the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointiy and severally. WHEREAS, CONTRACTOR has bye rbttea agreement entered into a Contract, Bid/Contract ND,: 14-03/04 , awarded the 21st day of _ 148Y . 20 04 with CITY which Contract. Documents are by reference Incorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of this Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND isrthat ift0O1NTRACTOR: 1: Performs the Contract betwrrWlepN' 14ACTOR andCITY for construction of Job Order Contract Capital Improvements rO ace Contract being made a part of this Bond by reference, at the times and In the manner prescribed in the Contract; and 2 Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate proceedings, that CITY sustains as a result of default by CONTRACTOR under the Contract; and 3. Performs the guarantee of all work and materials furnished under the Contract for the time specified In the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FUL4:,f,gfC.E AND EFFECT. Whenever CONTRACTOR sf)all ,e` :and declared by CITY to be, in default under the Contract, Cl1Y'havirlgrot?rned CITY obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 3.1. Complete the Project in accordance with the terms and conditions of the Contract Documents; or March 2004 City of Miami Beach Page 65 coprrIpn a 2904 The Onrdpn Group Project Manual 3.2. Obtain a bid or bids'for completing the Project in accordance with the terms and conditions of the Contract Documents; and upon determination by Surety of the lowest responsible Bidder, or, if CITY elects, upon determination by CITY and Surety jointly of the lowest responsible Bidder, arrange for a contract between such Bidder and CITY, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or Contracts of completion arranged under thls paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used In this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under thelConttect.and any amendments thereto, less the amount properly►Paid4o dTY:fo.CONTRACTOR. • 4. No right of action shall accrue on is``bond io or for the use of any person or corporation other than CITY named herein. 5. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. Signed and sealed this 8th dayigf,,v ,June r • .:r• Page 66 • 1 •y.a i. . :J &P.1 1t . �p 04 City of Miami Beach eofi ti I 0 2 41he Gamin Oraua March 2004 Project Manual WITNESSES: r r�c A / ( ecr tary) (CORPORATE SEAL) IN THE PRESENCE OF: Company Carivon Construction Name of rat' n) (Signature and Title) .ipC, (,( (Type Name/Title Signed Above) C day of (K , 20 t� INSU NCE OM ANY Grea der ark I ; suran e Company By �: e�ttld et ttomey-ln-Fact and Florida Mic nResident Agent 5900 N. AndrewsAvenue, # 300 (Address: Street) 'Pt. Lauderdale; FL 33309 (City/State/Zip) Telephone No.: 954-776-2222 March 2064 City of Miami Beach oopynard O 2001 Th6 Codirn Groff Page 67 Project Manual Bond No. 4175327 00720 FORM OF PAYMENT BOND BY THIS BOND, We Carivon Construction Company , as Greatrican Principal, hereinafter called CONTRACTOR, and Insurance Contpan' as Surety, are bound to the CITY of Miami Beach, Florida, as Obligee, hereinafter called CITY, in the amount of initial Two Million Dollars ($2,000,000) for the payment whereof CONTRACTOR and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, CONTRACTOR has by written agreement entered into a Contract, Bid/Contract No.: 14-03/04 awarded the•. ,r'1st _.,day of MaY , 20 04 with CITY which Contract Documents are by referenceincorporated herein and made a part hereof, and specifically include provision for liquidated damages, and other damages identified, and for the purposes of thls Bond are hereafter referred to as the "Contract"; THE CONDITION OF THIS BOND is that if CONTRACTOR: 1, Pays CITY all losses, liquidated damages, expenses, costs and attorneys fees including appellate prop edings,i atl%pI,TY sustains because of default by CONTRACTOR under the Contract; and 2. Promptly makes payments to all claimants as defined by Florida Statute 255.05(1) for all labor, materials and supplies used directly or Indirectly by CONTRACTOR in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not In privity with CONTRACTOR and who has; lnctt, received payment for Its labor, materials, or supplies shall, wittlirbfprty-five (45) days after beginning to furnish labor, materialseor. applies for the prosecution of the work, furnish to CONTRACTOR a notice that he intends to look to the bond for protection. 2.2, A claimant who is not in privity with CONTRACTOR and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete Page 68 City of Miami Beach March 2004 wvriow 0 ?eo4lfw Gardim Own :�,: ''.c • Project Manual delivery of the materials or supplies, deliver to CONTRACTOR and to the Surety, written .notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. 2.3. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be Instituted in accordance with. the Notice and Time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and corrmpliance, groP,orloompliance with any formalities connected with the Contract or the changes°does not affect the Surety's obligation under this Bond. Signed and sealed this ' 8th day of June , 20 04 .WITNESSES: \Ala th/Re4Y1Pb (S cretary) (CORPORATE SEAL) IN THE PRESENCE OF: Carivon Construction Company Name of Co lion) •• di,;i..i.Sy • (Signature and Title) ype Name/Ti le Signed Ab 1fSU re: By • CE O , EEANY er� i a: anc Agent and Attorney-in-F i Michael Bonet az 5900 N. Andrews Avenue,.# (Address: Street) Ft. Lauderdale, FL 33309 Company t and Florida Resident Agent 300 (City/State/Zip) Telephone No.: 954-776-2222 March 2004 City of Miami Beach wal r 4K 0 2ffj4 The Genf 610 &D M Page 69 Project Manual L t 00721 CERTIFIC TE AS TO CORPORATE PRINCIPAL 1, e . e. �1C� , certify that 1 am the Secretary of the corporation named as Principal in the foregoing Performance and Payment Bond (Performance Bond and Payment Bond); that (rrv-S �vyrd ? who signed the Bond(s) on behalf of the Principal, was then \/. r • of said corporation: that 1 know his/her signature; and his/her signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. tivt STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) Before me, a Notary Public duly cornmfssioned, qualified and acting personally, appeared �IDnk- KlMf 1 • to me well known, who (Seal) as Secretary of %Utz atsirrA In-m . (Name of Corporation) (SEAL) • being by me first duly sworn upon oath .sa s i�iat. he/she has. been authorized to execute the foregoing Performance and Payment Bond (Performance Bond and Payment Bond) on behalf of CONTRACTOR named therein in favor of CITY. Subscribed and Sworn to before me this "J ' n day of My commission eecp�ra�:,,5�211 MEL8A E. SANCHEZ Notary PUWie - Stab or Florida *Damasks EON TtaT,7105` Commisalon ! DD120875 r Sanded Sy National Notary Assn. Notary Public, State of Florida at Large s' .�M_ jiF `li 1onded by Page 70 City of Miami Beach eopy,i;tu P 2014 Goraln Grout' March 2004 TERRORISM COVERAGE RIDER NOTICE-DISCLOSITRE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of 2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five mullion dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 4175327 , 'effective June 8, 2004 . In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage Part/Policy covers certain losses caused by terrorism In accordance with the Federal Terrorism. Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. GREAT AMERICAN INSURANCE COMPANY® Administrative OHlce: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THEE No. 017672 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio. does hereby nominate. constitute aid appoint the person or persons narned below its true and (awful attorney in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contract.~ of suretyship, or other written obligations in the nature thereof: provided that the Iinbilily of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name MICHAEL A. HOLMES GERALD J. ARCH MICHAEL BONET Address Limit of Power ALL OF ALL FT. LAUDERDALE, FLORIDA UNLIMITED This Power of Attorney revokes all previous powers; issued in behalf of the nuorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents lobe signed and attested by its appropriate officers and its corporate seal hereunto affixed this 31 ST day of JANUARY • 2003 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - ss: DOUGLAS A. eowEN (s13•ara4a11) On ibis 31ST day of JANUARY. 2003 . before me personalty appeared DOUGLAS R. BOWEN. to me known. being duly swam. deposes and says that he resides in Cincinnati. Ohio. that he is the Divisional Senior Vice President of the Bond Division of Greta American Insurance Company. the Company described in and which executed the above Instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so utlixed by authority of his utlice under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney Is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1. 1993. RESOLVED; That the Division President, the several Dir'isimr Vice Presidents and Assistant Ihc•e Presidents. or any one of tiros. be and hereby is authorised., limn time to time. to appoint one or mom Attorneys -in -Direr to execute on behalf of the Company. as .sumo: any and all bonds. undertakings and c(mtsucts of suretyship. or other written obligation in the siansn therrof• to prescribe their Nspceave drupes and the respective Hurirs of theiraurhru•ity: and to revoke any such appointment at any lime. RESOLVED RIMER: That the Company veal and the signature ol'a11,v r f the aforesaid n(c rr•,t• and any Secretary or Assistant Schein} r f the Conrpau v may be raved by facsimile to any prover of attorney or (reaffirm of either given for the execution of any bond, undertaking, comma or stony (sip. ur other written obligation in the naru+e thereof, such signature and sea! When so used bring hereby adopted by the Company as the original sigrrrruae rtfsurh officer and the rrri,girtnl seal of the Comps l to be valid and binding span the Company with the ,stone flute and effect as though manually dated. CERTIFICATION I. RONALD C. HAYES_ Assistant Secretary of Great American Insurance Company. do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full fore and effect. Signed and sealed this 8th day of June • 2004 S 1o2aT (111011 • Project Manua 00708 FORM CERTIFICATE OF INSURANCE INSURANCE CHECK LIST X '1. . Workers' Compensation and Employer's Liability per the statutory limits of the State of Florida. • 2. Comprehensive General Liability (occurrence' form), .limits .of liability $1.000.000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written In "Insurance requirements" of specifications). . 3. Automobile Liability - $1,000,000 each occurrence = owned/non- owned/hired Automobiles included. 4. Excess Liability - $ • .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. )(XX 6. Other insurance as indicated: Builders Risk completed value $ .00 ..Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and indemnity $ .00 Employee Dishonesty Bond $ .00 XXX Professional Liability $_ 250.000.00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. • Best's guide ratng B+:VI or better, latest edition. . XXX 9. The certificate must state the Quote number and title VENDOR AND INSURANCE AGENT STATEMENT: We ; understand the Insurance Requirements of these specifications and that evidence of this insurance may be required within five (5) days after Bid opening. Contractor Page 64. City of Miami Beach cop/AphsOYou4The G ldI,nc cup March 2004 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MIWDDIYYYY) PRODUCER Brown & Brown, Inc. 5900 N. Andrews Ave. #300 P.O. Box 5727 Ft. Lauderdale FL 33310-5727 Phone:954-776-2222 Fax3954-776-4446 INSURED CCox on Construction Company 121 S.W. 131 Avenue Miami FL 33186 COVERAGES OP ID T RIV.2 THIS CERTIFICATE IB ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC N INSURER A: Jwasisure Zusuraues C .pony INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INL4K---- LTR INSR rrPE OF INSURANCE A A A A GENERAL LIABILITY X COMMERCIAL. GENERAL L1Aa1LITY JCLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY JECT n LOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON•OWNEDAUTOS IGARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY OCCUR n CLAIMS MADE 7 DEDUCTIBLE RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OyFeFIICER/MEMBER EXCLUDED? SPECIAL PROVISIONS below OTHER POLICY NUMBER CPP13026501002 CA20135420102 DA (MM/DC 04/01/04 04/01/04 /1-4"4/11. WC20083530101 04/01/04 DATE (MM/D 04/01/05 04/01/05 04/01/05 EACH OCCURRENCE LIMITS UAMAUt ICJ K NMI) PREMISES (Ea oceutenes) $1000000 MED EXP Any one person) PERSONAL 8 ADV INJURY 5 50000 $ 5000 S1000000 GENERAL AGGREGATE $2000000 PRODUCTS • COMP/OP AGG $2000000 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) PROPERTY DAMAGE (Pir accldenl) AUTO ONLY • EA ACCIDENT s OTHER THAN AUTO ONLY: EA ACC E EACH OCCURRENCE AGGREGATE AGO IS $ $ $ i we slA1 u• �7}� TORYLIMITS I 1 FR E.L. EACH ACCIDENT E.L. DISEASE • EA EMPLOYEE, E.L. DISEASE • POLICY LIMIT Owners & Contractors Policy GL2006887000000 02/25/03 07/01/04 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Miami Beach is listed as additional insured in respects to the General Liability in regards to Job Order Contract: Capital Improvements Projects, Bid #114-03/04 CERTIFICATE HOLDER S 500000 S500000 $ 500000 Bach Occ. 500,000 Aggregate 500,000 CANCELLATION CITY OF City of Miami Beach Risk Management 1700 Convention Center Drive Miami Beach FL 33139 WORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR R¢S TIVE ®ACORD CORPORATION 1988 FROM JW-10r2004 18:58 :BONDS Mrs., Ivonne Munnc Catfvon COnstructian Company 12171 S. W. 131 Avenue Miami, FL 33186 Re: City of Miami Beach Job Order Contract • Capital Improvements Project Dear Ivonne: (FRi?JUN 11 2004 8:46/ST. 8:45/NO, 6321041606 P 2 P.01/01 Brown & Bre 5900 N. Andrews Avenue, Suite 300 (trip: 3 P.O. Sox Foit Laudcrdede. R. 3331 954/776-2222 • FAX 954/7 Statewide 1400/33 It is my understanding that Professional Liability Insurance may be required for the above referenced project. This coverage is available far contractors such as Caiivon Construction Company. Tend when the professional liability exposure becomes present, we will be in a position to offer the necessary coverage for your firm, Please contact me with any questions or commons you may have. own & Brown Insurance, Inc. Min r. Bonet Vice P sident Project`Manual' 0735 PERFORMANCE AND PAYMENt GUARANTY FORM UNCONDITIONAL. LETTER OF CREDIT: Date of Issue Issuing Bank's No. . . Be11091aq, Appiicart: . . City of MiamiBeach Amount: • 1700 Convention Center Drive. In United States Funds Miami Beach, Florida 33139 • Expiry.. (Date) • Bid/Contract.Number • We hereby authorize you to draw on (Bank, Issuer name)' at by order of and (branch address) for the account of (contractor, applicant, customer) agreed upon by -and between the "City of Miami Beach, ' Florida and • up . to an aggregate (contractor), amount, in United States Funds, of available by your drafts at sight, accompanied by: A signed statement from the City Manager or his authorized designee, that the drawing is due to default in performance of certain obligations on the part, (contractor, 'applicant, customer) pursuant to the (applicant, customer) Bid/Contract No. •. for (name of project) and Section 255.05, Florida Statutes. March 2004 City of Miami Beach oopyriphi O eau Tim Oordlen Group Page 71 • ProJect Manual Drafts must be drawn'and negotiated not later thah .. . • (expiration date) Drafts must bear the clause: "Drawn Under Letter of Credit No (number) of dated 2004. . (Bank name) ...This. Letter of Credishall be renewed'for successive periad ta of ohe (1) •year each unless we provide the City of Miami Beach with written notice of our intent to • terminate•the credit herein extended, whlch.nctice must be provided at least thirty . (30) days prior to the expiration date of the original term hereof or any renewed one (1) year term. Notifidation to the City that this Lefler of Credit will expire prior to ;.performance ofthe contractor's obligations will be deemed a'default. his Letter of 'Credit sets forth in full ..the terins of 'our undertaking, ;and such ,.,'undertaking shall not in any way be modified, or amplified by reference to .any .documents, Instrument, .or agreement referred to herein or to which this Letter of Credit Is referred or this Letter of Credit relates, acid any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. .We hereby agree with the drawers, endorsers, and bona fide. holders of all drafts drawn under and in compliance with the terms of this credit that such drafts will be 'duly honored upon presentation to the drawee. . , Cbllgatians Under this Letter of Credit shall be released one (1) 'year after the final Completion of the Project by the (contractor, applicant, customer) . This Credit is 'subject 16 the -"Uniform Customs • and Practice. for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 • and to the provisions of Florida law. if a conflict between •the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall ..prevail. If a conflict between • the law of another state or country and Florida law .should arise, Piorida law shall prevail. Authorized Signature Page 72 City of Miami Beach oopyrlphi 11 200a The Gordian Orovp March 2004 Project Manual '00800 . GENERAL•CONDITIONS 1: Project Manual: • 1.1. •Order • of ' Precedence • of the :Component Parts • of the . Contract Documents: • . 1.2. • .: In 'the event of a •conflict bet'»een different 'parts of the Contract Documents, the order of precedence of the component parts • of the Contract Documents shall be as follows: • A. • Project Manual, Volume I B'. Addenda, If any C. Plans and Drawings, If any D; Construction Task Catalog,' Volume II - • : E. Standard 'Specification of 'the ' City, State or Federal • Government, if any F. The 'Job Order G. Technical Specification, Volume III H. Proposal and Acceptance Forms '1. invitation to Bid J: • Bonds ' K. Insurance • 1.3. ' The 'Project Manual Includes any general and .JOC Supplemental Contract conditions or speclffcations attached hereto. • 1.4. . • The Project. Manual, along •with -all •documents• that Make" up and constitute the Contract Documents, shall be followed in strict •accordance 'as to work, performance, material,' .and dimensions except when City'and or Program Managermay authorize, in writing, ari exception. . • 1.5. • ..Dimensions 'given in figures -ere • to hold .preference• over -Scaled measurements from the drawings; however, all discrepancies shall be. resolved by the City and or Program Manager. Contractor shall riot proceed when in doubt as to any dimension or measurement, but. shall seek clarification from the City and or Program Manager. . 1.8. Contractor shell be furnished, free of charge, 'one 'paper' (1) copy of the Project Manual, and (1) copy of the CTC. All documents including the Technical Specifications will be provided on CD-ROM, which shall be preserved and always kept accessible to •City and or March 2004 City of Miami Beach Page 73 ccPyriph102064TheGordiiinGroup • - Project.Marluat Program Manager authorized representatives. •• Additional coplee of the Project Manual may be obtained from City at the cost of reproduction. intention"of Clay: . . • - 2.1.. It is' the''intent of City to describe in the Contract Documents a functionally complete. Project (or part thereof) to be constructed In accordance with the Contract Documents and in accordance with all • codes and regulations governing construction of the -Project. Any work, materials or equipment that may reasonably be Inferred from the Contract Document$ as being required to produce the intended . result shall be supplied by Contractor whether or not specifically called for. When•words which have a well-known technical or trade meaning are used to describe work, materials or equipment, such • words shall be interpreted in :accordance with that meaning. ' Reference to standard specifications, manuals, . or • codes of any technical society, organization or association, or to •the laws or • regulation's Of any governmental authority, .whether such reference be specific or by Implication, shall mean the latest standard, apeciflcation, manual, code or laws or regulations in effect at -the time of opening of bids and Contractor shall comply therewith. City shall ' have no duties other than those duties and obligations expressly set forth within the Contract Documents, 3.. . 'Preliminary Matters: . • 3.1. •At a time specified by the City and or Program.Manager but 'before Contractor •starts the work at the Job Order site, a conference attended by Contractor, .City and or Program Manager and others as deemed appropriate by Contract Administrator, will be held to discuss • the schedule,8 sclear t site access and other issues required to establish submittals, undersanding of the Construction operations. 4 'Performance Bond and ,Paytnent Bond: • . Within fifteen (15calendar days of being notified of 'the award; , Contractor' • shall furnish a 'Performance .Bond and a Payment"Bond containing all the . provisions of the Performance Bond and Payment Bond attached hereto as forms 00710 and 00720. • • •• . • 4,1, • Each. Bond shall be In the amount of two million ($2,000,000) dollars • guaranteeing to CITY the completion and performance of the work covered in such -Contract as well as full payment of all suppliers, laborers, or subcontractors employed pursuant to this Project. Each • Page 74 City of Miami Beach topyriphtO2004 Thu Gamion Group March 2004 Project Manual Bond .shall be with a surety' company which is qualified pursuant to Article 5. • 4.2. Each' Bond shall continue in affect for one year after Final Completion and acceptance of the work with liability equal to one hundred percent (100%) of the Contract sum, or an additional bond shall be condltloned that Contractor will, upon notification by City, correct any defective or faulty work or Materials which appear within one year after Final Completion of the Contract. If the option terms are exercised the Contractor shall furnish additional performance and payment bonds In the amount of $2,000,000 each. If an Individual Job Order is issued over the maximum amount of initial value of the contract bonds, the City will request from the contractor a payment and performance bond equal to the amount of the Job Order. The City will pay for the extra bonds asa Non-prepriced task with no mark ups from the contractor. • 4.3. Pursuant •to the requirements of Section • 255.05(1)(a), .Florida Statutes, as may be amended from time to time, Contractor shall ensure that the bond(s) referenced above shall be recorded in the public records of Miami -Dade County 'and provide City with evidence of such recording. . 4.4. Alternate Form •of Security: In lieu' of a Perfarrriance *.Bond and a • Payment Bond,CONTRACTOR may furnish alternate forms of . security which may be in the form of cash, money order; certified • check, cashier's check or Oncbaditional letter of credit In the form attached hereto as Form 00735. Such alternate forms of security shall be subject to the prior'approval of CITY arid for same purpose . and shall be subject to the same conditions as those applicable above and shall be held by CITY for one year after completion and acceptance of the Work. Qualification of Surety: 5.1. ' Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred Thousand Dollars ($500,000.0U): 5.1.1. Each 'bond 'must be executed by a surety company of recognized standing, authorized to do business In the State of Florida as surety, having a resident agent in the State of . . Florida and having been In business with a record of successful continuous operation for at least five (5) years. 5.1.2. The surety company `shall hold .a current certificate of authority as acceptable surety on . federal bonds in accordance with •!United States Department of Treasury March 2004 City of Miami Beach Page 75 sapy+IQhi 0 2004 ih3 Garalan Oraup • project Manual Circular 570,'Current Revisions:If the ar ount of the Bond 'exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular, and the excess risks` must be protected by coinsurance, reinsurance, or other methods in accordance with Treasury Circular 297, revised September 1, 1978 (31 •DFR Section 223.10, Section 223.111). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk hat been protected In an acceptable manner. . • 5.1.3. The CITY will accept a surety bond from a. Company with a rating of B+ or betterfor bonds up to $2 million, provided, however, that if any surety company appears on the watch • list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the CITY shall review and either accept or !reject the surety company based on the financial Information available •to the CITY. .A surety company thatis rejected by the CITY may be substituted •' by the Bidder or !proposer with a surety company acceptable to the CITY, only If the bid amount does not increase. The following sets • forth, . In general, the acceptable' parameters for bonds: : Policy- Financial • holder's Size Amount of Bond ! Ratings Cateuory 3 • 500,001 to 1,000,000 . B+ Class I • 1,000,001 to 2,000,000' 8+ Class II 2,000,001 to 5,000,000. A Class 111 • 5,000,001 to 10,000,000 A • Class IV 10,000,001 to 25,000,000 A Class V 25,000,001 to 50,000,000 . A Class VI 50,000,001 or more A • Class Vil 6 Indemnification: • 6.1. CONTRACTOR shall indermnify:and hold harmless CITY, its 'officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attomeys fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or • utilized by CONTRACTOR in the performance of this Agreement. Page 76 City of Miami Beach March 2004 copyright 0 2004 The Gc,dlan Group project Manual • • Except as specifically •provided herein, this Agreemerlt does = not require CONTRACTOR to indemnify CITY, Its • employees, officers, • directors, or agents from any liability, damage, loss, claim, action, or • proceeding. These Indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought agalnst CITY by reason of any such claim or demand, .CONTRACTOR shall, ' upon .written notice from CITY, resist and defend such action or proceeding by counsel satisfactory to CITY. 6.2:.. The indemnification •provided above shall obligate ONTRACTOR tal oro defend at its own expense to and through' appellate, pp bankruptcy proceeding, or to provide for such defense, at CITY's option, any and all claims &'liability and all suits and actions of every • name and description covered by Section 6.1 above which may be • brought against CITY Whether performed by CONTRACTOR, or ,persons employed or utilized by CONTRACTOR. 7. Insuranbe R'equireMents: 7.1. Without limiting any. of the other .obligationsor llabilities • of ' CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in force until all of its work to be performed under this Contract has bean completed end accepted by CITY (or for such duration as Is otherwise specified hereinafter), the insurance coverages set forth herein. 7.1.1. ...Workers' •Compensation • insurance to apply = for all employees In compliance with the' Workers' Compensation Law" of the State Of Florida and ail applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with; a limit of $500:000 each accident. • , .• • 7.1.1.2, 1f any operations' are to -be -undertaken on or about navigable waters, coverage must be included for the U.S. j Longshoremen & • Harbor Workers Act and JoneS Act. 7.1.2. Comprehensive General Liability with ' minimum limits of $1,000,000 ($1,000,000) per occurrence combined single limit for Bodily linjury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must Include: March 2004 City of Miami Beach oopyPipM • 2C04 The Gordian flioup ' • Page 77 • •-'Praject Manual • 7.1.2.1. Premises and/or Operations. 7.1.2.2. Independent Contractors. 7.1.2.3. Products and/or Completed Operations for contracts over Fifty Thousand Dollars 450,000.00)` CONTRACTOR. shall maintain in force until at least three years after completion of all work required under the Contract, coverage for Products and Completed Operations, including Broad Form Property Damage. 7.1.2.4. Explosion, Collapse and Underground Coverages. 7.1.2.5.' Broad Form Property Damage. 7.1.2.6.' • Broad Fort 1 Contractual 'Coverage applicable to this specific Contract, Including any hold harmless and/or indemnification agreement. 7.1.2.7, . ,Personal ;Injury Coverage with • Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those -required for Bodily Injury Liability and Property Damage Liability. 7.1.2.8. CITY Is to be expressly indluded'as an Additional Insured with. respect to liability arising out of Operations performed for CITY by or on behalf of CONTRACTOR or , .acts or omissions of CONTRACTOR in • connection with general supervision of such operation. 7.1.3. Business Automobile` Liability with minimum limits of One Million ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive . than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the insurance Services Office and must include: 7.1.3.1. Owned Vehicles. . 7.1.3.2. Hired and Non -Owned Vehicles. 7.1.3.3. 'Employers' Non=Ownership. 7:2. If the initial Insurance expires'iprior 16 the completion of the work, renewal copies of policies shall be furnished at least thirty (30) days prior to the date of their expiration. ' • ' Page 78 City of Miami Boach copyright* 2co4 The Qortllen Group March 2004 Project Manual 7.3. Notice of Cancellation and/or Restriction --The pofoy(Ies) must be endorsed to provide CITY With 'at least thirty (30) days notice of cancellation and/or restriction. • 7.4. CONTRACTOR shall furnish to the C1TY's Risk Manager Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award of the Contract. The required Certificates of insurance shall name the typee of policies provided, refer specifically to this Contract, .and state that such insurance is as required by this Contract. The Certificate of insurance shall be in form similar to and contain the information set forth In Form 00708. • 7.5. -The. official title of the *Owner is the 'CITY of Miami Beach, Florida. This official title shall be used in all insurance documentation. 7.6. .Additional or •Replacement Blind: It is further mutually agreed between the parties hereto that lf, at any time, the CITY shall deem the surety or sureties upon iany bond to be unsatisfactory, or If, for any reason, such bond (because of increases In the work or otherwise) ceases to be adequate, the Contractor shall, ,at its expense within five (5) days' after the receipt of notice from the CITY • to .do so, furnish an additional or replacement bond or bonds in such form, amount, and with such surety or sureties as shall be satisfactory to the CITY. •TI ere shall be no lapse In surety coverage • and failure to do so shall be a material breach of this Contract. In such event, no further paymentsto the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and formsatisfactory to the Board. • 7.7. Professiorial Liability Insurance: If the scope of work of this contract; as determined by individual Work Orders, Includes professional •services which require signed and sealed documents, then the Contractor at that point shall provide evidence of Professional Liability insurance from the lArchitect/Engineer of record with policy limits no less than $250,000 per claim. Evidence of said Professional Liability insurance shall be submitted to the CITY prior to the commencement of the professional service. • 8. • Labor and Materials:• . 8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay for all materials, Tabor; water, .tools, equipment, light, power, transportation and other facilities and services necessary for the proper execution and completion of the Work, whether temporary or ;March 2004 City of Miami Beach • eopyrlyhrl 0 20041ha Oadlan Group Page 79 • Project Manual , ,permanent and whether or not incorporated or to be incorporated in the Work. . • 8.2. • CONTRACTOR' shall at all times enforce -strict discipline and good order among Its employees and subcontractors at the Project site and shall not employ on the Protect any unfit person or anyone not skilled in the work to which theyare assigned. 9 Royalties.arid Patents: 9.1. . Ali •fees, royalties, arid .claims for any invention, or'. pretended Inventions, or patent of any article; material, arrangement, appliance, or method that may be used upon or in any manner be connected . with the construction of the .Work or appurtenances, are hereby Included In the prices stipulated in this Contract for said work. • 1 o. Weather: • • 10.1. Extensions to the Contract Tim a for delay8 caused by the effects of • Inclement weather shall be 'submitted as a request for a change In the Contract Time pursuant to Article 39. These time extensions are justified only when rains or other Inclement weather conditions or • related adverse soil conditions prevent CONTRACTOR from productively performing controlling items of work Identified on the accepted schedule or updates resulting in: 10.1.1. CONTRACTOR being unable to wark et 'least fifty percent • (50%) of the normal work day an controlling items of work identified on the accepted schedule or updates due to adverse weather conditions; or 10.1.2'. CONTRACTOR Must make 'maJor repairs to the Work damaged by weather. Providing the damage • was not 'attributable to a failure to perform .or neglect by •:CONTRACTOR, and providing that CONTRACTOR was unable to work at least fifty portent (50%) of the normal workday on controlling items of work identified on the accepted schedule' or updates. 11. Permits, Licenses and Impact Fees: ' •. 11.1. Except as .otherwise provided within the ' JOC 'Supplemental Conditions, all permits and licenses required by federal, state or local - laws, rules and regulations necessary for the prosecution of the Work • undertaken by CONTRACTOR pursuant to this Contract shall be secured and pald for by CONTRACTOR. The General Contractor's Building Permits, Public Works Permits and Zoning Permits will be reimbursed by the CITY for the cost of the Permit only as a non pre - Page 80 City of Miami Beach copyright 02004 The Gord;in tiroup March 2004 Protect Manual ' priced task with nc marked -ups. The cost for obtaining the Permits is to be included in the Contractor's Adjustment Factor. it is Contractor's responsibility to have and .maintain appropriate Certificate(s) of Competency, valid for the -Work to be performed and valid for the jurisdiction in which the Work is to be performed for all persons working on the Project for whom a Certificate of Competency is required. 11.2. impact fees levied by the CITY and/or Miami -Dade County "shall lie paid by CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual amount of the impact fee levied by the municipality as evidenced by an invoice or other acceptable documentation issued by the municipality and submitted to CITY as a non pre -priced task. •Reimbursement to CONTRACTOR in .no event shall include profit or overhead of CONTRACTOR, 12 Resolutionof Disputes: • 12.1. To• prevent ail .disputes and litigation; it is agreed by the parties hereto that the CITY shall 'decide all questions, claims, difficulties and disputes of whatever nature'which may arise relative to 'the technical interpretation of the Contract Documents and fulfillment of this Contract as to the character, quality, amount and value of any work done and materials furnished, or proposed to be done or furnished under or, by reason of, ,the Contract Documents and CITY's estimates and decisions upon all claims, questions, difficulties and disputes shall be final and binding to the extent provided in Section 12.2. Any claim, question, difficulty or dispute which cannot be resolved by mutual agreement of CITY and CONTRACTOR shall be s'ubmifed to Contract Administrator In writing within twenty-one (21) calendar days. Unless a different period of time 1s set forth herein, . Contract Administrator shall notify CITY and CONTRACTOR In writing of his decision within twenty-one (21) calendar days from the date of the submission of the claim, question, difficulty or dispute, • unless Contract Administrator ' requires additional time to gather information or allow the parties to provide additional information. All non -technical administrative disputes shall be determined by the Contract Administrator pursuant to the time periods provided herein. During the pendency of any 'dispute and after a determination thereof, CONTRACTOR, Contract Administrator and CITY shall act in good faith to mitigate any potential damages including utilization of construction schedule changes and alternate means of construction. 12.2. hi the event the determination of a dispute under this .Article is unacceptable to .either party hereto, the party objecting to the March 2004 City of Miami Beach copyright 0 2004Ths Gortgrin Group Page 81 • - :Project Mariival • Page 82 deterrilination must notify • the other party In writing within ten . (10) days of receipt of the written determination. The notice must state the basis of the objection and must be accompanied by a statement that any Contract Price adjustment claimed Is the entire adjustment to which the objecting party has' reason to believe it IS entitled to as a • result .of the determination. • ; Within slaty (60) days after Final Completion of the Work, the'parties shall participate in mediation to. address aA objections to any determinations hereunder and to attempt to prevent litigation. The mediator shall be •mutually agreed upon by the parties. Should any objection not .be resolved in rnediatjon, the parties retain all their legal rights and remedies provided under State law. A party objecting to a • determination specifically waives all of its •rights provided hereunder, Including its 'rights and remedies under State law, if said party fails to comply in strict accordance with the requirements of this Article. Inspection of Work: .,• 13.1. CITY and orProgram • Manager shall at all times' have access to the Work, and CONTRACTOR shall provide proper facilities for such . access and for Inspecting, measuring and testing. 13.1.1.. • Should the Contract' Documents, CITY and or Program Manager' instructions; any laws, ordinances; or any public . authority require any of the Work to be specially tested or approved, CONTRACTOR shall give CITY and or Program • Manager timely notice of readiness of the Work for testing. If the testing or approval is to be made by an authority other than CJTY, • timely notice shall be given of the date faxed for such testing. Testing shall be made promptly, . . and, where practicable, at the source of supply. If any of the Work should be covered • up without approval or consent of CITY and or Prograrn •Manager, it must, if • required by CITY and or program Manager, be uncovered • for examination and properly restored at Contractor's expense. 13.1.2. 'Re-exarninatirin.of any of the Work may be ordered by the • • CITY and or Program Manager with prior written approval . b'y the Contract AdMinfstrator, and if so ordered, the Work •must be uncovered by CONTRACTOR: ; if such Work is found to be in accordance with the Contract Documents, CITY shah pay the cost of reexamination and replacement by means of a Change Order. if such Work is not In City of Miami Beach March 2p04- copyright m aaa4 Ths aad4n Group • „ . • • . , • . Project Manual accordance With the •Contract DOCUments, CONTRACTOR shall pay such cost. • • • 13.2. . . . • • • • InspeCtors.dhall have no' atithorIty 'to 'permit deviations from,' not to relax any of the provisions Of, the .Contract Documents nor to •delay the Contract by failure tol inspect the materials and work with • reasonable promptness without the writtenpermission or Instruction of the CITY and or Program Manager. • 13.3. The payrnent cif any t ampensation, whateVer Maybe its character OT form, or the giving of any gratuity or the granting of any favor by CONTRACTOR to any inspector, directly or indirectly, is strictly •. prohibited, and any such act on the' part of CONTRACTOR will • constitute a breach of this COntract. ,14. Superintendence' and. Supervision: . . 14.1. The orders of CITY may bi given through PrOgratriManager, Which • instructions are to be strictly and promptly followed in every case. • •• • CONTRACTOR Shall keep on the Project during its progress, a full- . 'time competent English speaking superintendent and any necessary• assistants, all satisfactory to the CITY and or Program Manager for• • each Job Order issued. . The superintendent shall not be •changed except with the written consent of the CITY and or Program Manager, .unless the superintendent proves .: to be unsatisfactory to CONTRACTOR and ceases to be in its employ. The superintendent shall represent CONTRACTOR and all directions given to the superintendent shall be as binding as If given •to CONTRACTOR and • . Will be confirmed in writing -by the CITY and or Program Manager • upon the written request Of CONTRACTOR. CONTRACTOR shall • give 'efficient supervision tO the Work, using Its best skill and . • attention. The CONTRACTOR .shall keep on the Work the Superintendent at all times during the working hours. The Superintendent shall be 'reachable 24 hOurs •a day, seven days a week. If the Superintendent Is not available because of Illness or vacation or the like, the CONTRACTOR shall notify the CITY of the . . substitute Superintendent. • • 14.2. Daily; .CONTRACTOR'S ' superintendent shall record, at a tninirntirh, the following information In • a bound log: the. day; . date; weather • conditions and how any weather condition affected progress of the Work; time of commencement of work for the day; the work being performed; • materials, iabor, personnel, . equipment and subcontractorsat the Project site; visitors to the Project site, including• • .representatives of, CITY and or Program Manager, regulatory representatives; any special or unusual conditions or occurrences • March 2004 City of Miami Beach • copyright 02034 the Gordian Group Page 83 ' • . ••• . • • . . •Project Manual encountered;- and the' time of termination of work fOr the day. All information shell be recorded In the daily log in ink. •The daily lOg 'shall be kept on the Project site and shall be available at all times for inspection and copying by CITY and Program Manager. • . 14:3. The Contract Adminittrator, CONTRACTOR and Program Manager Shall meet at least weekly or as determined by the Contract Administrator, during the course of the Work to review and agree upon the work performed to date and to establish the controlling items of work for the next two' weeks. The CITY and or Program •• Manager shall publish, keep; ,and distribute minutes and any • comments' thereto of each such meeting. . . . . 14.4. if CONTRACTOR, in the course of 'prosecuting the WOrk, finds'arly . discrepancy between the Contract Documents and the physical conditions of the locality, or inyerrors,..bmissions, or discrepancies in the Project Manual, it shall be CONTRACTOR's duty to immediately inform the CITY and or Program Manager, in writing, and the CITY • or Program Manager will promptly review the same. Any' work •'done after such • discovery, untii authorized, • will be done at CONTRACTOR's sole risk. CONTRACTOR shallatiperviseland direct the Work and . . efficiently, devoting such attention thereto and applying such skills • and expertise as may be . necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be • Solely responsible for the means, methoda; techniques, sequences and procedures of construction.i . 15 CITY% Right to Terrninate Contract: • 15.1. If CONTRACTOR fails to begin' the Work within fifteen•(15) calendar days after the Project Initiation Date, or falls to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work, or .shall perform the Work unsuitably, or cause it to be 'rejected as defective and unsuitable, or . shall discontinue the prosecution of the Work pursuant to the • accepted schedule or if CONTRACTOR shall fail to perform any material term set 'forth in • the Contract Documents or • If CONTRACTOR' shall become Insolvent or be declared bankrupt, or • commit any act of bankruptcy or Insolvency, or shall make an • assignment for the. benefit of creditors, or from any other cause • . whatsoever shall not carry on ,the Work In an acceptable manner, • Contract Adrninistrator'may give notice in writing to CONTRACTOR and Its Surety of such delay, neglect or default, specifying the same. if CONTRACTOR, within a perlOd of five (5) calendar days after such Page 84 City of Miami Beach March 2004 copyright 0 2004 'Me 0ordlori croup Protect Manual notice, shell not proceed In accordance therewith; then CITY 'May upon written certificate from Program Manager of the fact of such delay, neglect or default and CONTRACTOR's failure to comply with such notice, terminate the services . of CONTRACTOR, exclude CONTRACTOR from the Project site arid take the prosecution of the Work out of the hands of CONTRACTOR, and appropriate or use any or all materials and equipment on the Project site as may be suitable -and acceptable. In such case, CONTRACTOR shall not be entitled 'to receive any further payment until the Project Is completed. In addition CITY may enter Into an agreement for the completion of the .Project according to the terms and provisions of the Contract Documents, or use such other methods•as In CITY's sole opinion shall be required for the cofnpietion of the Project according to the terms and provisions of the Contract Documents, or use such other methods as In CITY's ° sole ;opinion .shall be required for the Completion of the Project 'in an acceptable manner. A11 damages, costs and charges 'incurred 'by CITY, together withthe costs of completing the Project, shall be deducted from any monies due or which may become due to :CONTRACTOR. In case the damages 'and expenses so Incurred by CITY shall exceed the unpaid balance, then CONTRACTOR shall be liable and shall pay to CITY the amount of said excess. ' .15.2. If after notice of termination of CONTRACTOR'S right to praceed, it is determined for any reason that CONTRACTOR was not in default, the rights and obligations of CITY and CONTRACTOR shall be the same as if the notice of termination had been issued pursuant to the Termination for Convenience clause as set forth in Section 15.3 • below. 15.3. Thin Contract may be terminated for *Convenience in writing by CITY upon ten (10) days written notice to CONTRACTOR (delivered by • certified mail, return receipt requested) of intent to terminate and the date on which such termination becomes effective. In such case, CONTRACTOR shall 'be .paid for all work executed and expenses Incurred prior to termination in addition to' termination settlement costs reasonably • incurred . by CONTRACTOR • relating to .'commitments which had become firm prior to the termination. Payment shall include reasonable profit for work/services satisfactorily performed. N'o payment shall be made for profit for work/services which have not been performed, 15.4. Upon receipt of Notice of Termination pursuant* to Sections 15.1 or 15.3 above, CONTRACTOR shall promptly discontinue all affected work unless the Notice of Termination directs otherwise and deliver March 2004 City of Miami Beach Page. 85 oopr1;H a sore The aordin Group ,Project Mantra! cir otherwise make available to CITY • all data, drawings; specifications, reports,' estimates,..summaries :and such other -Information as may have been 'required by the Contract Docurrients • ,whether completed or in process; • 16. CONTRACTOR'S Right to Stop Work or Terminate Contract: ' 18;1.. Should CITY and or Program Manager fail to review and approve 'or • state In wilting reasons for non -approval of any Application for Payment within twenty (20) days after It is presei ted, or if CITY fails either to pay CONTRACTOR within thirty (30) days after presentation by Program Manager of any sum certified by the CITY, or to notify CONTRACTOR and or Program Manager in writing' of any objection to the Application for Payment, then CONTRACTOR may, give written • notice to CITY and/or Program Manager of such delay, neglect or default, specifying the same. If CITY and or Program • •Manager (where applicable), within a period of ten (10) calendar days 'after such notice shall not remedy the delay, neglect, or default upon which the notice is based, then CONTRACTOR may stop work or terminate this Contract and recover from CITY payment for all work 'executed and reasonable expenses sustained therein plus reasonable termination expenses. Any objection made by CITY to an • Application for Payment shall be submitted to Contract Administrator in accordance with the provisions of Article 12 hereof, 17. • Assignment: 17.1. - Neither party hereto shall -assign the Contract or any subcontrasrt in whole or in part without the written consent of the other, nor shall • CONTRACTOR assign any Monies due or to become due to It hereunder, without the previods written consent of the Mayor and ' CITY Commission. • 18 Rights of Various Interests: . 181. Whenever work being done by'CITY's forces or by other contractors • is contiguous to or within the limits of work covered by this Contract, the respective rights of the. ;various interests involved shall be established by the Contract AdMinistrator.to secure the completion of ,the various portions of the work in general harmony. 19. Differing Site Conditions: • 19.1. In the event that during the pourse of the • Work CONTRACTOR encounters subsurface or conbealedd conditions at the Protect site which differ materially from those shown' on the Contract Documents and or the Detailed Scopa of Work and from those ordinarily '..Page 88 City of Miami Beach copyright 20d Thit Carden Group March 2004 Project Manual ' 'encountered and generally 1 recognized as inherent In work of the character called for In.ihe Contract Documents; or unknown physlcal conditions of the Project site, of an unusual nature, which differ ;materially from that ordinarily encountered and generally recognized 'as inherent In work of the character called for in the Contract Documents, CONTRACTOR, Without dlstwrbing the conditions and before performing any work effected by suchconditlofs, shall, within twenty-four (24) hours of their discovery, notify CITY and or Program Manager in writing of the existence of the aforesaid conditions... CITY and or Program Manager shall, within two (2) business days after ' receipt of Contractor's written notice, investigate .the site conditions identified by CONTRACTOR.. If, In the sole opinion of CITY and or Program Manager, the conditions do materially so differ and cause an increase or decrease in Contractor's cost of the original Detailed ':Scope of Work, or the time required for, the performance of any part of the Work, whether or not charged as 'a result of the conditions, CITY and or Project Manual; Program Manager shall recommend an 'equitable adjustment to the. Contract Price by initiating another Job Order based .on the new Detailed Scope of 'Work, or the Contract Time, or both. If CITY and or Program Manager and CONTRACTOR cannot agree on an adjustment In the Contract Price or Contract . time, the adjustment shall be referred to the Contract Administrator • for determination In abcordanca with the provisions of Article 12. Should the Contract Administrator determine that the conditions of the Project site are not so materially different to justify a change in the terms of the Contract, the Contract Administrator shall so notify . . ' CITY and or Program Manager and CONTRACTOR in writing, stating the reasons, and such determination shall be final and binding upon the parties hereto. . - 19.2. No request 'by CONTRACTOR. for an :equitable adjustment to the Contract under this provis]on'shall be allowed unless CONTRACTOR • ' has given written notice .in lslrict accordance with the provisions of this Article. 19.3. No request for an equitable adjustment or change . to the Contract Price • or Contract Time for differing site conditions Shall be allowed if made after the date certified by CITY and Program • Manager as the date' of Substantial completion. 20. • Plans and Working Drawings; 20.1. CITY and or Program. Manager shall have the right to modify the details of the plans and specifications, to supplement the plans and specifications with additional plans; .drawings or additional information as the Work proceeds, all of which shall be considered as part of the Detailed Scope of Work. In case of disagreement • March 2004 City of Miami Beach oopyriphl 0 2C04 The Gordian Group Page 87 .between the written and graphic portion's' of the Detailed Scope of 'Work, the written portion shall govern, • 21: CONTRACTOR to Check Plans, Specifications and Data: ' 21.1: CONTRACTOR shall verify' all dirme661ons, quantities and details shown on the plans, speclficatlons"or other data received from CITY . • and or Program Manager, and shall notify CITY and or Program • Manager of all errors, omis'sidns and .discrepanciee found therein within three.(3) calendar days of discove • be allowed to take advantage of any error,omissft or CONTRACTOR will ancy, as full instructions will be furnished by the .CITY and or Program Manager. CONTRACTOR shall not be liable for damages resulting from errors, • omissions' or discrepancies. in the .Contract Documents Unless CONTRACTOR recognized such' . error, omission or discrepancy and knowingly •failed to report It to the CITY and or Program Manager. . • . • . 22.. CONTRACTOR's Responsibility for Damages and Accidents:. . 22.1. CONTRACTOR shall accept full responsibility farthe Work against all loss or damage of whatsoever nature sustained until final acceptance . • by CITY, and shall promptly repair any damage done from any cause • whatsoever, except as provided in Article 29. .22.2...CONTRACTOR shall •be responsible for all h ateriala, a ui p nteh tand ;, : . supplies pertaining to the Project. In the event any such materials, equipment and supplies are lost, stolen, damaged or destroyed prior . to final acceptance by CITY, !CONTRACTOR shall replace same without cost to CITY, except as provided In Article 29. • 23: Warranty: . • 23.1. CONTRACTOR warrants to CITY that all materials 'and a ui.' m. ht furnished under this Contract will be new unless .otherwlse specified 'and that all of the Work will be' of good quality, .free from faults and . . , defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If ' required by CITY and or Program Manager,' CONTRACTOR shall furnish satisfactory evidence •as to the kind and quality of materials and equipment. .23.2. All work furnished under •this Contract shall be guaranteed against defective •materials and workmanship, Improper performance and . noncompliance with the Contract Documents for a period of one year •after final completion and acceptance of the Job Order, except as S Page 88 CltY of Miami Beach copyright O 2034 The Gordian Group • March 2004 ' . • • Project Manual Iii otherwis speCifiCally specified in other 'parts ' of the Contract J • Documents,: or within such longer period of time , as . May be • prescribrd bylaw or provided by the manufacturer: . . . 23.3. The GUaranteeesheill inClUdeithe name of the Project as designated' in the Job Order, be signed by an officer of the company having authority to provide. the warranty; and state: "This document serves as a on (1) year written guarantee for the work performed, and • .rnaterial Tend equipment installed on the above referenced Work Order. his guarantee incorporates all provisions of the Contract • Documents that refer or relate to the guarantee. This guarantee is Commenced on the final acceptance date." • . .. 23.4. During' .the guarantee' period, the Canted& 'shall repair' and replace • at his own expense, when strordered by the CITY, all work that may develop defects whether these defects may be _inherent In the ,. equipment or materials, In the functioning of the pieCe of equipment, 'Or in the functioning and 'operation of pieces of equipment operating together as a functional unit. Any equipment or material which is repaired or replaced shall have the guarantee period extended for a • period of one year from the date of the last repair or replacement. 24: • Supplementary Drawings: :- ! . • . . . . 24.1: When,' .n :the • opinion of the CITY and Or .Program Manager, it . . 'becomee necessary to explain the Work to be done more fully, or to . illustrate the•Work further, Or to show any changes which may be •'.required supplementary dIrawings,—with specifications pertaining thereto, will be prepared by the CITY and or Program Manager or the Contractor • may be requested to prepare Architectural Services to document the Detailed Scope -Of Work. • . 24.2 The sUpipleMentaly drawing's shall be binding' upon CONTRACTOR 'With the same force as the Project Manual. Where such • 'supplementary drawings require.either less or more thin the original • Detailed Scope of Work, appropriate adjustments shall be made by ' issuance of an a Job Ordetalong with the required documentation. 5. • 1Defebtive' Work: This CI or disa defectiv CONTR remove CONTR • and Oi PrOgratri Mina* Shall' have Me authority to reject prove work .which CITY and or Program Manager finds to be . if required by the CITY and or Program Manager, ACTOR shall promptly either correct all defective work or such defective work and replaae.it with non -defective work. ACTOR shall bear all direct, indirect and consequential costs .March 2004 City of Miami Beach copyright 0 2034 Mc clordlan Group • • Page 89 • Project Manual 26. of such removal or corrections including cost &leafing laboratOrlea• .and personnel. • • . . . 25.2. Should • CONTRACTOR fail ot refuse • to • remove or correct any defective work or to make any necessary repairs in accordance with the. requirements of the Contract Documents within the time indicated in writing by the CITY and or Program Manager shall have the authority to cause the defective' work to be removed or corrected, or make such repairs as may ,be necessary at CONTRACTOR's • expense. • 'AnY.expense incurred by 'CITY In making such removals, corrections or repairs, .shall be paid for out of any monies due or • Which may become due to CONTRACTOR, or may be charged • . 'against the • Performance . Bond. in the event .of failure of • CONTRACTOR to make all necessary repairs promptly and fully, CITY may deciare.CONTRACTOR in default. 25.3. If, Within one (1) year after the date 'Of substantial Corn-ph:Akin or such longer period of time as may be prescribed by the terms of any •applicable special warranty required by the Contract DOCuments, or by any specific provision of theContract Documents, any of the Work is found to be defective or nbt in accordance with the Contract Documents, CONTRACTOR, after receipt of Written notice from CITY, shall promptly correct Eich defective or nonconforming Work ....within .the time specified by CITY without cost to CITY, to do so.. .Nothing contained herein shall be construed to establish a period of limitation with respect to any otherobligation which CONTRACTOR Might have under the Contract' Documents irioluding but not limited to, Article 23 hereof and any claim regarding latent defects. 25.4. Failure toreject any defettive work or Material shall .not in any way :prevent later rejection when such defect is discovered, or obligate CITY to final acceptance. Taxes : • • . . . • • . 26.1. CONTRACTOR anal' pay all applloable sales, :consumer, use 'and other taxes required by law. CONTRACTOR is responsible for .reviewing the pertinent state' statutes involving state taxes and complying With all requiretents::•Sales Tax has been •Included in the • Material and equipment cost of the unit prices. 27. Subcontracts: , • . 27.1. CONTRACTOR -shall •ribt. erriPloy any Subcontractbr 'at Architectural • and Engineering firm against whom CITY and or Program Manager may have a reasonable objection. CONTRACTOR shall not be . Page 90 City of Miami Beach coprighl 004 The Cordin Group • March 2004 Project Manual; requlred to employ any 'subcontractor against whom CONTRACTOR has a reasonable objection. . . 27.2. CONTRACTOR shall be fully responsible for all. acts and' omissions Of Its subcontractors and of persons directly or Indirectly employed by its subcontractors and of persons for Whose acts any of them may be liable to the same extent that CONTRACTOR Is responsible for the ants and omissions of persons directly employed by It. Nothing In the ' • Contract Documents shall create .any contractual relationship between any subcontractor and CITY or any obligation on the part of CITY to pay or to see the payment of any monies dueany subcontractor. CITY and or Program 'Manager may furnish to any subcontractor • evidence ,of amounts paid to CONTRACTOR on • account of specific work performed. 27.3. CONTRACTOR agrees•'to bind specifically everysubcontractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. i 27.4. For Contract .12-03/04' Public Works Contract CONTRACTOR shall perform the Work with its own .'organitation, amounting to not Tess 30% of the Contract : Price. For Contracts 14-03/04 Capital IrnproveMarits Projects and 13-03/04 City Wide, CONTRACTOR shall perform the Work with Its own organization, amounting to not 'Jess than 1O% of the Contract Price: The participation will be an accumulative participation over the contract. 27.5 . Execution of.Sub'contracts: 1 27.5.1. The 'Contractor shall provide with each Job Order' Price Proposal a list of proposed subcontractors and type of work being .performed. Thls Ilstahall be provided on a form 'provided by CITY. 27.5.2. The Contractshall.not commit to or finaliz ore subcontracts • with any subcontractors until receipt of approval of each • subcontractor and receipt of a Job Order by the CITY. No subcontractor shall be used that is excluded from Federal, State or CITY of Miami Beach procurement programs nor those who have been debarred br'otherwise excluded from 'the CITY procurement system. 27.5.3: Upon receipt Of a Job : Order, the Contractor • shall Immediately enter. Into ;each approved subcontract, and 'thereafter shall neither terminate any such subcontract nor ,reduce the scope of the work to be performed by, or • March 2004 City of Miami Beach cupyrlpht O 2004 The Go dlsn Group • • Page 91 ProJoct Manual decrease the .price to be .paid to the subcontractor :•thereunder without prior notification to CITY. • 27.8.4. • If the CITY rejects ally sub contractor or archltectilral and engineering firm proposed, it Is hereby agreed that the rejection will not be the basis for an increase in the Job Order Price Proposal. • 27.6. Procedure for Changing Listed Subcontractors: A subcontractor may be changed only subsequent to notification to and approval from the CITY. The notification of change shall state reasons for the change with a release from the listed subcontractor attached thereto. • 27.7. The Contractor shall give his/her personal attention constantly•to• the 'faithful performance of the works shall keep'the same under his/her own control, and shall not assign the contract by power of attorney or otherwise, nor sublet the work or . any part thereof, without the • previous written consent of the CITY. • •'27.8. If an *approved Subcontractor effect :to subcontract'any •portlon'of Its •subcontract, the proposed sub -subcontract shall be submitted in the •same manner as directed above. . . 27.9. Wherever the word •Subcontractor appears. It also 'Means sub- . Subcontractor. • • 27.10.• NO Subcontractor 'Shill be .,permitted on the Site 'unless Such subcontractor is approved. Before entering' into. any subcontract . •• • hereunder, the Contractor shall inform the Subcontractor fully and completely of all 'provisions and requirements of this Contract relating either directly or Indirectly to ithe Work to .be performed and the materials to be furnished under such subcontract, and every such Contractor shall expressly stipulate that all labor performed and ' materials ..furnished thereunder shall strictly comply with the requirements of the Contract. 27.11.. The agreement between the Contractor and Its 'Subcontractors 'shall • contain the same terms and conditions as to method of payment for . Work, labor and materials, and as to retained percentages as are • contained in this Contract. • 27.12. The Contractor shall pay 'all •S'ubcontractors for and on account of • Work .performed by such •Subcontractors In accordance with the terms of their respective subcontracts. If and when required' by the CITY, the Contractor shall submit satisfactory evidence that it has made such payment. Page 92 City of Miami Beach March 2004 copyright 0 7404 Its Gordian OrouP • •I • Project Mantra/ 27.13. .'lire', CITY's • approval of ,a Subcontractb"rshall -not :relieve' .the Contractor of .any of :Its `'responsibilities, duties and liabilities hereunder. The Contractor shall be Solely resp'0s1bie to•the CITY for '. the acts, omissions or defaults of its Subcontractor and of such Subcontractor's officers, agents and employees, each of whorri 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 sheli'cauSe epproprllate provision to bra 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 docurnents shall .create any Contractual relation between'any subcontractor and the CITY. 27:18. No'Sub'contractor shall beliermitted to perform Work at the Site until • • • • it has 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 a'nd'Respdnslble To CITY: 27.18.1. • The Contractor :Shall be •held liable by • CITY • for 'the performance of all the work provided for under this Contract. These. specifications make no attempt to fix the •scope of :the work of the ,subcontractors or the • .responsibility :.of any .such subcontractors, It • being understood that the Contractor' Shall fix the scope of all • • work and responsibilities of the suibccontraclors. 27.18.2. The Contractor's use of $ubcorrtractors shall riot diminish the Contractor's lobllgations to complete the .Work in 'accordance with the Contract. The: contractor shall not be released from any part of his/her liabilities or obligations under his/her contract should any subcontractor fall to . perform •in a satisfactory manner the 'work undertaken by him. The Contractor shall control and coordinate•the Work of its Subcontractors. 27.18.3. Any 'dlsputes whlth •may arise in this connection' between the Contractor and any subcontractor must be settled ' between the parties concerned. CITY will not undertake or be In any way responsible for the settlement of such disputes. March 2004 i._ City of Miami Beach Page 93 copyright O 2054 7ha Gordon Group • Project•Manuai '28. Separate Contracts: 28;1. CITY reserves th=right tole' .other contracts In cbrineotiort ,With eith this Project. CONTRACTOR shall afford other persons reasonable opportunity for the introduction and storage of their materials and the . execution of their work and shell properly connect and coordinate this Work with theirs. • • .•: . .28.2... If any'partof CONTRACTOR'S Work depends for properexecution or results upon the work of any .ether persons, .CONTRACTOR shall inspect and promptly report to'the CITY and or Program Manager any defects In such work that 'render it unsuitable for such proper execution and results. CONTRACTOR'S failure -to so Inspect and report shall constitute an acceptance of the other persons work as fit and proper for the reception of CONTRACTOR's Work, except as to defects which may develop in other contractor's' work after the execution.of CONTRACTOR'S. . - •28.3. :CONTRACTOR shall'conduct Its :operation$"and take all reasonable` steps to coordinate' the prosecution of the .Work so as to create no • Interference or Impact on any other 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 Irimed. the proper execution of subsequent work, :'CONTRACTOR shall inspect the work already In place and shall at once report to the CITY and or Program Manager any discrepancy between the executed work and the requirements of the •Contract Documents. Use of Completed Portions: 29.1. CITY shall Hthe right at Itsv dole option totake p ave ossession of and Use any completed or partially completed portions of the ,Project. • 'uoh possession and use shall not be deemed an acceptance'of any of the Work not completed In accordance with the Contract Documents. If such possession -and use increases the cost of or delays the Work, CONTRACTOR shall be entitled to reasonable extra compensation; or reasonable extension of time or both, as recommended by Program Manager arid or CITY. • • ' 29.2. In the .event CITY' takes .possession Of any completed or partially Completed portions of the Project, the following shall occur: 29:2.1. CITY shall give :nbtice to.CONTRACTOR in writing at least thirty (30) calendar •days prior to CITY's Intended Occupancy of a designated area. • Page 84 City of Miami Beach March 2004 copyright 0 20W The DardMn Group Project Manual 29.2:2. CONTRACTOR shall oornpiete' 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's issuance of a Certificate of Substantial Completion, CITY will assume full responsibility for maintenance, utilities, subsequent 'damages of CITY and ;public, .adjustment of insurance coverages and start of warranty for the occupied area. 29.2.4. . CONTRACTOR Shall ,cohiplete all 'items noted on the • Certificate of Substantial Completion within the time • Specified by the. CITY and or Program 'Manager on the Certificate Of Substantial Completion, as soon as possible • 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 necessary 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 orportions 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 Lite shall not be. unreasonably withheld. 30. Lands for Wctk: 30.1: • CITY shall provide,. as may be indicated in'tho 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 rase of CONTRACTOR. 30.2. . CONTRACTOR shall provide, at CONTRACTOR'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 copyright 0 2C04 The Elordtan Group Page 95 • • • • . ' ; .' • • • ....Project:Manuel Materials., :CONTRACTOR shall furnish to 'CITY Copies of Written permission Obtained by CONTRACTOR from the owners of such facilities. • • :• 31. Legal Reattictions and -Traffic PrOVisiOnt! • 31.1. CONTRACTOR Shall conform . arid obey • all' Applicable • jaws,. regulations, or ordinances with' regard to laboremployed, hours of . .work and CONTRACTOR's• •general operations. CONTRACTOR .shall conduct its operations 86 as not to close any thoroughfare, nor interfere In any way with traffic on rallWay, „highways, or water, • .14,fithout the•pilor Written Consent of the proper authorities. Lodatidri and Damage tO Existing Peollities,:EqUipriterit or Utilltiet:' • 32.1. As far as possible; .all eXistinglutility lima In the Project area"haVe been shown on the plans. .However, CITY does not guarantee that all lines are shOwn, or that •the.. one8 :Indicated are in their true. location. It shall be the CONTRACTOR'S responsibility to •IderitIfy and locate all underground and overhead utility lines or equipment • . affetting 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 shell' notify" each • Utility' company involved at least ten (10) days prior to •the start of construction to arrange for positive underground location, relocation or support of its'utility 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. Ail charges ! by utility 'Companies' for temporary support of its utilities shall be Old for by 'the CONTRACTOR. All costs of permanent utility relocationto avoid conflict shall be the • . responsibility of the utility company involved. 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 sOheidOie the Work in .aUCh 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. 'All • Overhead, surface or ..underground •strUbture8 and lutliitie8 encountered are . to be .carefully protected from • Injury . or displacement. All damage • to such structures is to be completely . • • • . :• ., • .• . Page 96 •City of Miami Beach March 2004 • coma& ID 2004 The Clortlion &OUP repaired within 'a reasonable *tie; :needless delay .i ill 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 backflling. 33 Value Engineering: .• . • • 33.1. . CONTRACTOR may .::request substitution 'of rhaterials, articles, •..pieces of equipment or any changes that reduce the Contract Price by making such request to' 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 hot result In any Increase in the Contract Price or Contract •Tlrne. • Any substitution submitted by CONTRACTOR must meet the fort, 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 Manager's 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's expense a special '.performance guarantee or other surety with respect to any substitute approved after award of the Contract. • • 34. Continuing the Work: • • 34.1. • CONTRACTOR Shall carry on the Work and 'adhere to the ptbgress schedule during ail disputes or disagreements with CITY, Including disputes or disagreements .c'oricerning 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. Changes in'the Work or'Tem,s of Contract Documents: 35.1. •WIthbut Invalidating the Cbntract 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 acceptably the proposed construction in a • satisfactory manner. Any extra or additional work within the scope of • • March 2004 City of Miami Beach • Page 97 . copyrtet t 99GW 7M Gordian (Youp project Manual • 36.. Field Orders'and Supplemental InstructIons: • • 36.1. The • Contract Administrator, through .the CITY and • or Program Manager, shall have the right 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. i 36.2. The: CITY and or Program •Manager shall havethe right to approve and issue Supplemental Instructions setting forth written orders, • instructions, or interpretations cbncerning the Contract Documents or its performance, provided such;Supplemental Instructions Involve no change In the Contract Price or the Contract Time, 37. ' Change Orders: , ` •• this Project must • be accomplished by .rnearis 'of appropriate Field Orders and Supplemental Instructions or Change 'Orders issued • through a Job Order with therequired Documentation. • 35.2. ,Any Changes to the terns of the .Contract Documents must be Contained In a written document, executed by the parties hereto, with • the same formality and of equal dignity prior to the initiation of any .work reflecting such change. , iThis section shall not prohibit the • Issuance of Change Orders through a Job .Order with the required .Documentation •executed only by CITY' as hereinafter provided. The' CITY without Invalidating tie Contract, may order changes In the Work by altering, adding to or •deducting from the Job Order, .by Issuing an additlonal 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 fuse of work tasks or non pre -priced • tasks not in the Contractor's original Price Proposal. All such Work • 'Shall be executed under the conditionsof the original contact. 37.2. No changes shall be made • Without ar',wrltten Job '•Order from' the CITY. No claim for an additional Job Order amount shall be valid unless SO ordered and authorized by Issuance a Job Order. • 37,3: 'Changes will be considered as 'a new Job Order and •such will follow .the procedures outlined in Article 12 of the Ordering Procedures in ' the JOC Supplemental Conditions. . • . 37:4.• • Changes In the quantity or -character of the Work'wlthin the scope of • • work of the Project which are not properly thesubject 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 RCN RH awdlw,'Group • ' Protect Meriitai ' 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 chahgesto construction Icbntracts must be approved In advanceIn accordance •with the value of the Change Order or the calculated . value Of the time extension., . . 37.6.' In the event •'sati'sfactoryadjustment cannot be reached' for 'any item ;requiring a change In the contract Trice or Contract Time, and a Change Order has not 'been issued, CITY reserves the right at Its ' . sole option to either terminate the Contract as It applies to the items in • question and make such arrangements .as . may be deemed .necessary to complete the :disputed wont; or submit the matter In . . •dispute to Contract Administrator as set forth in Artide 12 hereof. During the pendency of the dispute; and upon -receipt of a Change Order approved by CITY, CONTRACTOR • shall ,promptly proceed with the change in :the Work involved and advise the Contract Administrator in writing Within' ..seven • (7) . calendar days ' of CONTRACTOR'S agreement or disagreement 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 circurnstahces detatniined :necessary .by CITY, Change Orders may be issued Unilaterally by'CITY. • .38 •Value of*Change Order Work: 381. The value of any work co'vered'by `a'Change Order Cr of any alairn for . an increase or decrease In the Contract Price 'Shall be determined as • followings: • 38.2. • All changes, or order of extra Work stiali'be paid for.atthe Unit Prices • .set forth in the Construction Task -.Catalog or as Non 'Pre -priced Tasks... Credits for'the omission or reduction of Work shall be paid In the same manner. . : .. . 38.3. For each' change, bmissioh 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. • Ali Job -Order Price Proposals'shall be submitted -promptly. •38. •Notificatioh and Claim far Change of Contract Tittle: . . 39.1. Any claim for a change inthe'•Contrect Tlrrie'ahall be made by written .. notice by CONTRACTOR' to the Contract Administrator and or •;March 2004 • 1 City .of Miami Beach • Page 99 copyrI htQ 2034 Thu Gordhn Group Project Manual : Program Manager within one (1) calendar day of the cornmencerrient 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 Job Order and render Its judgement . within five (5) days. If the CITY and CONTRACTOR cannot agree, a ' .determination shall be determined 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 IN STRICT ACCORDANCE WITH THE'REQUIREMENTS OF THIS SECTION. 39.2. The Contract Tulle will bo extended in an amount equal to time lost on critical Work 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. 4D No Damages for Delay: ' .40.1. No claim for damages or any claim, other than for an'exterision .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 shafl'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; Coinpensable; 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 oopyrkhl 0 2034 the Gatlin Group March 2004 • Project Manual 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 lis delayed due to Excusable Delay. CONTRACTOR shall document its claim for any time extension as • provided in Article 39 hereof. . 41.3. Failure of CONTRACTOR t6 cam* 'With Article 30 hereof as to any. particular event of delay shall be deemed conclusively to constitute a waiver, abandonment or relinquishment of any and all claims resulting from that particularevent of delay. 41.3. Excusable Delay may be coMpensable or non-coMpensablei 41.4.1. Compensable Exdusable Delay: • • 41.4.1.1. Excusable •Delay is compensable when (I) the delay extends the Contract Time, 01) is caused by. circumstances beyond the . control of the • CONTRACTOR or its subcontraCtors, suppliers or vendors, and (III) 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 ExcUsabfe 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 andCONTRACTOR •recognize end 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 pald 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 copyright0 2a)41ho Gor diem Group Page 101 . •,Project Manual :limited to, all profit on indltect costs, .home 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 Exct Sable •Delay is (1)' caused py circumstances beyond the - control of CONTRACTOR, its subcontractors,:suppllers and vendors, and is .also caused by circumstances beyond the control of the CITY or Program Manager, or (11) 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 con• siders 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 any Items 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 flopah+OYco4 The Qmdlan Group March 2 ProJect Manual 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 relate's to timeliness of 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 RFP 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 submit to CITY and or Program Manager a complete list of preliminary'data on iterns•for which Shop Drawings are to be submitted and shall Identify the critical items. Approval of this list 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, 'fabricator's, 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 thisapproval 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 O 2004 'TM Ciordin Grcvp • Page103 . Project Manual relleVe CONTRACTOR froM its respOntibility to comply with 'the • Contract Documents. • 44.6. • CITY and or Prograin 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 uhtli the said Drawings have bean 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 'tb •pertial subinittald of Shop Drawings for items which Interconnect and/or are Interdependent where necessary to properly evaluate the design. It Is CONTRACTOR's responsibility tij 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 typeWrItlen or lettered In ink. 44.9. CONTRACTOR shall submit the nurnber 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 Shall 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 Drawings: . • 45.1. During the • construction of a JOC Job Order, the entire responsibility • for establishing and maintaining line and grade in the field lies 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, band holes, fittings arid 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 Page 104 City of Miami Beach eopyrighl 0 2004 The Gad Len Group March 2004 . . ProjectManual factote.• Ali record drawings shall be made on reproducible • paper and shall be delivered to CITY and or Program Manager prior to, and • a's 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 clarifications 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. • i . • . 45.3. Prior to, • and as a condition precedent to Final Payment, • CONTRACTOR shall 'submit to CITY. CONTRACTOR' i record drawings or as-bUllt drawings acceptable to CITY and or Program Manager as listed in Article 46. 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 aas-builts" 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 DraWitigs: • • • 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 Workas 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. : Lquipment• schedules. Indicating Manufacturer's names and model numbers. 46.5. The At-Btillt Documents shall be arranged In a logical order, and in accordance with the various provisions of the Specifications Of 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 .1 . . City of Miami Beach Page 105 • copyright 111t2C04 The GonlIon Group • Project Manual Drawings arid 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.f. 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, structures and utilities :not designated for removal, relocation ;or replacement .in the course of construction. • 47.2. CONTRACTOR shall comply With all applicable Maws, 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 safely 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 0 2004 The Oardlw, Group :.•. .. • 1. I I • ic7:-41i • Project Manual 48. Payment by CITY for Tests: • . ..• 48.1. Except when otherwise specified In the Contract Docurtientsand 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 theprocedure for making 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 fails shall be paid or 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 Contractors Price Proposal. • 49. Project Sign: • , 49.1. Any requirerrients for a prbject sign shall be as set forth' in the Detailed Scope of Work and or Technical Specifications. • • .50." Hurricane PrecabtiOns: • • . • • „ . . . 50.1. •.During such periods of time as are designated by the United States Weather Bureau as being • a hurricane warning or alert, the • CONTRACTOR, at no cost to the CITY, shall take all precaution& . • necessary to secure the. Ptoject site in response to all threatened storm events, regardless pf whether .the CITY and or Program Manager has given notice of same. • . . . • • • 50.2. COMpllance with any specific hurricane warning or alert precautions • will not constitute additional work. 50.3. Additional work relating to -hurricane• warning bt 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 from •• accumulation of waste materials or rubbish caused by its operations. At the completion of the Project, CONTRACTOR shall remove all its March 2004 • . • City of Miami Beach cropyrig hi 02E04 The GOtellan 010VP • Page 107 • I • • • .• •ff.W.Of 61. .1.4.4.1'001.,•••••• wen.. • • Protect Manual . wasternateriafs and rubbish from arid about the Protect as Well as its tools, construction equipment, ;machinery and surplus materials. If CONTRACTOR falls 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 cleanup and charge the cost thereof to the contractors .responsible therefor as CITY and or Program Manager shall determine to be Just. 52. RenioVa! 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. Nondlscrirnination, 'Equal Employment Opportunity, and Americans . with Disabilities Act: • 53.1; CONTRACTOR shall not unlairfully discriminate against any psrsOn • 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 I and 11 of the ADA (regarding nondiscrimination 'on the basis of disability), and all applicable regulations, guidelines, and 'standards. In addition, CONTRACTOR 'shad 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' discrfn`rinatory practice In violation of CITY of Miami Beach Ordinance -No..92-2824 • in performing any services pursuant to this Agreement. Page 108 City of Miami Beach March 2004 copyright 0 2004 The Clard4n arwp Project Manual i • . • 54. -Project Records: . . . 54.1. CITY shall have the right to Inspect and copya.at CITY's expense, thee Oaks 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 i additional . compensation made by CONTRACTOR. CONTRACTOR shall retain and make available to CITY all such books and records and adcounts, financial or otherwise, which relate to th-e 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 Project, CONTRACTOR shall provide CITY access to Its books and records•upon seventy-two (72) hours written notice. 55; Occupational Health and Safety: • • . . . 55.1. In • compliance with ChaPter 442, Florida Stakites, any toxic •• substance listed in Section 38F-41.03 'of. the Florida Administrative • Code delivered as a result Of this bid must be accompanied by a Material Safety Data •Sheet (MSDS) which may beobtained from the manufacturer. The MSDS must include the following information: 55.2. •The cherhiaal nanieand the 'CornrnOn 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 for fire, explosion, c�rrosion, and reaction; ••• 55.3.2. The known acUte' and chronic' health effects of risks frorn 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. 55.4. The proper precautions, handling practical, 'necetsary 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 for spills, fire, disposal, and first aid. 55.6. A description in lay terms of the'l<nown spedfic potential health risks - posed by the toxic substance intended to alert any person reading • this Information. March 2004 City of Miami Beach Page 109 • copyright C 2004 'The Gonitari amp • . • :Project Manual •• • Page 110 1 55.7. The year and month, If available, that the information was complied 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. • . 58.8.2. The ContraCtor IS •a'dvieed that friable and/or nonfriable • asbestos -containing imaterial 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. Nonfriabie asbestos-containIng materials are materiels in which asbestos fibers are bound by a matrix material, saturant, Impregnant or coating. Nonfrlable asbestos -containing imaterials do not normally release airborne asbestos fiber during routine handling and end - Use. However, excessive fiber concentrations may be • produded during uncontrolled abrading, sanding, drilling; cutting, machining, removal, demolition or other 'similar activities. ! „ 55.8.3. Care must be takenqo avoid releasing or causing •to be • released, asbestos fibersinto the atmosphere where' they may be 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 -containing materials. 29 CFR 1910.1001 has been identified as applicable to construction (29 CFR 1928.55 gases, vapors, fumes, dusts and mists). The City of Miami Beach oopyrighl C 2004 The Gordian Group March 2004 :t •• • 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 materials are not permitted by current criteria and shall not be used in new construction or modification projects (ETI. 1110-1-118, 27 May 1983). • Plans and specifications for .all new construction and modification projects will be reviewed to ensure that the use of friable asbestos -containing materials is not called • for. • • '55.8.5. • Maintenance, rrroidification, or demolition activities where exposure to asbestos dust :may occur from previously Installed friable or nonfriable asbestos -containing material will be identified. ; All precautions, to Include proper work • practices, medical survelliance, 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. Envlrbnrnentai Regulations: . : ' • • • 56.1. • The dITY reserves the'rightto consider 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 oopoght O2004 The °polen 4rauP Page 111 , • ' • ProjectManual °WOO • SUPPLEMENTARY tilkeittiONs . . . • . • • PAGE INTENTIONALLY LEFT BLANK Page 112 City of Miami Beach copyriehl 0 2004 The Gordian Group March 2004 Project Manual • 00923 • STATEMENT OF COMPLIANCE • (DAVIS BACON ACT) No. 1-7 1 - C`4)( Contract No. Project Title 'Tile 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 - 0_ • , 20-( 1_C « ■,� 4 _ ►ter. L: I ont = ctor STATE OF COUNTY OF ) SS ) By (Sign = re) By -_ �► • ' tti (Name a d Title) • The foregoing instrument was acknowledged before me thls Oc? day by ( ,-c•�t; s�� C �' '?r who Is e or who has produced as Identification and who did/did not take an oath. WITNESS my hand and official seal, this • -day of A , 20_afzi (Signature of person taking acknowiedri ent) _Sgrefkfi (Name of officer taking acknowledgment) (Serial number, If any);1)) C1)n • ?nit"CIA , E. 8t 1e Fla SANCHEZ Not tY ' ! Carm4don Ev$, May27.21 Comenitolnn u 0012097s Hnn * It; Ntaturug wary Ann. My commission expires: �12(1 bL • March 2004 City of Miami Beach oopribrd 00304 Th. Gordian [soup • Page113 • • r. • Project Manual DAVIS BACON WAGE DECISIONS AND ASSOCIATED INFORMATION ,.• • The prevailing wage rates, ..GENERAL 'DECISION: .L20030001FL1, • superseded •. .Genciral DecisiOn No..FLO20001-January 23, R004 by the Secretary of Labor State • ' ...Of Florida, with respect to the Job Order Contract(s) follow this 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 Contredor will- be requited to Certify that •all laborers and 'mechanics engaged In the construction of the project, including these 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 t • by the CITY as federally funded. . . • '• •• The reference wage .decisions will be.in 'effect for twelve menthe 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 Mlaml Beach March 2004 copyright • 2034 The Gordian Gruup • GENERAL DECISION: FL20030061 01/23/2004 FL1 . Date: January 23, 2604 General Decision Number: FL20030001 01/23/2004 • • Superseded. General Decision Number. FLO20001 State: Florida Construction Type: BUILDING County: Miaml-Dade County in Florida. •i BUILDING CONSTRUCTION PROJECTS(does not Include single family homes and apartments up to and including four (4) stories) 0 . 06/13/2003 1 01/23/2004 AS BE0060-001 09/61 /2b02 i • Rates Fringes ASBESTOS WORKER/HEATAND • FROST INSULATOR • $26.13 S86 Pro]eot Manual E LEC0349-001 06/01 /2002 ELECTRICIAN (Including Fire Alarm • Installation): Electrical contracts including materials that are less than $2,000,000 Rates Fringes $20.50 4.30 + 8% •Electrical contracts including • materials that are over $2,000,000 $22.96 4.3048% ELEV0071-001 11 /01 /2001 . Rates • Fringes ELEVATOR MECHANIC $25.285 . • 7.4554-A FOOTNOTE FOR ELEVATOR CONSTRUCTORS: A: Employer contributes 8% basic hourly rate for 5 yearsor • • • more of service or 6% basic hourly rate for 6 months to 5 March 2004 City of Miami Beach copyright m2G 41h.GordlanOrmp Page 115 ProjeaManual years 'of service as Vacation Pay Credit; l'faid Holidays: . New Year's Day; Memorial Day; Independence Day; Thanksgiving Day; Christmas Day, plus the Friday after • Thanksgiving. - . .. . . ' . . • . EN.G10487-001 7/01/2002 , • . . Ratet 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 Mimam..•••••.=.•••441••••••1•1.1•••••......••••••• IN =MN MMIPPIRMAIIMM41.4;•••MMINM=Vm = RON0272-001 04/0112003 • Rates Fringes - IRONWORKERS: • Ornamental $19.78 4.70 ' .ReinforcIng $19.75 4.70 Structural $19.75 ' 4.70 PLUM0519-001 08/16/2003 Rates' - Fringes' PLUMBER • $22.27 5.68 • . PLUM0725-001 07/16/2002 RatesFringes PliDEPITTER (inclUding HVAC) ; $25.05 .6.50 •SFFLO821-001 ..... _01/01/2003 Rates' Fringes $22.40 6.27 PRINKLER 'FITTER • SHEE0032-001.......08/12/2003 SHEET METAL WORKER • (Including HVAC duct work) • Page 116 City of Miami Beach RtiteS. • $24.24 copyright 0 2034 Tha Gordian oroup Fringes . 8.97 March 2004 • SUFL1999-001 03/04/1999 'ACOUSTICAL TILE INSTALLER Rates Frin BRICKLAYERS/BLOCKLAYER $10 • fa.figes • CARPENTER (including Drywall $15.36 ...Hanging and Batt Installation) $12.90 2.40 • CARPET'LAYER $14.25 CEMENT MASONS/CONCRETE i FINISHER • $1&50 3.15 DRYWALL FINISHER • $12.50 GLAZIER $13.05 2.42 ' LABORERS: Plpelayers $1.3.81 • • 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 $14.68 •. 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 mmmmm WELDERS : Receive rate prescribed far craft performing • ..,operation to which welding is Incidental. ; ' . Project Manual 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 (29CFR 5.5(a) (1)01)). , • 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 bean determined to be prevailing. March 2004 City of Miami Beach Page 117 copyttgAgo 47h.Go,dr„coup Project Manual 'WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an Initial decision in the Matter? This can be: * an existing published wage determination • " a survey underlying a wage determination * a Wage and Hour Division letter setting fortha position on a wage determination matter * a conformance (additional classification and rate) • . ruling . On 'survey related' matters, initial' contact, including requests #or summarles 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 for 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 • ?00 Constitution Avenue, N. W. Washington, D. C. 20210 ' 2.) If the answer to the question In 1,) is yea, 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 party's position and by any information (wage payment ' 'Page 118 City of Miami Beach copyright 0 OO4 The Oard In Ororp March 2004 • data, : proJect description, area practice material, etc.} that the roquastor considers relevant to the issue. 3.) , If the decision .of the Administratdr is not favorable;' an _interested party may appeal directly to the Administrative Revlew Board (formerly the Wage Appeals Board). Write to: Administrative Revlew 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 GENEFlAL DECISION March 2004 City of Miami Beach copyright 2004 The Oardten Group Project Manual Page 119 • Project Manual GENERAL DECISION: FL20030044 FL44 .bate: June 13, 2003 General Decision Number: FL20030044 Superseded 'General Decision No. FL020044 State: Florida . • Construction Type HIGHWAY Caunty(Ies): DADE HIGHWAY CONSTRUCTION PROJECTS(excluding tunnels; building Structiofs 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(les): .DADE SUFL3009A 08/01/1993 BRICKLAYER/MASON . • Rates Fringes .00 CARPENTERS 1.11J2 • CONCRETE FINISHER12.222 .ELECTRICIAN FENCE ERECTOR 12.40 12.00 ' . FORM SETTER • :GUARDRAIL ERECTOR • 10,52 • . LABORERS: 7.55 Asphalt Raker 8.23 Pipelayers 9.14 • - Unskilled .7.55 • . IRONWORKERS: Reinforcing • • • • 13.52i • Structural . •14.65 • PAINTERS 11.62 Page 120 city of Miami Beach • coAridAM•20 4 TheGddw Group March 2004 Project 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 Dragline' . 13.59 Earthmover 9.57 'Forklift Op. 8.00 Front End Loader: 1 cu. yard and under 9.29 Over 1 cu. yard . 9.88 •'Grademan . 7.64 Gradail 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. - 8.19 Widening Spreader Machine . 8.50 TRAFFIC CONTROL SPECIALIST : . 7.95 March 2004 City of Miami Beach copyrlpht07/JO4 The Gordian Group Page 121 • • Project Manual TRAFFIC'SIGNALIZATlON: Installer 8.61 i Mechanic 11 A7 • TRUCK DRIVERS: Low -Boy 8.63 Single & Multi -Rear Axle • • 8.05 'WELDERS = Reaelve rate presotibed 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 rne'ans 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-BacOri survey .program. If the response from this initial contact Is not satisfactory, then the -process described In 2.) and 3.) should be followed. • Page 122 City of Miami Beach March 2004 copyright C2OO4TheGold 4n Group - - • 1 Project Mahual • With regard to any other matter not yet "ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Deterrnlnaticns. Write te: Branch of ConstrUctlon Wage Determinations Wage and Hour Division • U. S. Department of Labor 200 Constitution Avenue, N. W. • Washington, D. C. 20210 • '2.) If the ensurer 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 arid Hoer Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The 'request should 'be' acconipariied 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 Administrator is 'riot favorable, an • interested party 'may appeal directly to the Administrative 'Review Board (fonnerly 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•finah END OF GENERAL DECISION March 2004 City of Miami Beach Page 123 oopyrlaht m sou l N addlwi Oraup Project iliiarlual • •r 0092E - • CERTIFICATE OF SUBSTANTIAL COMPLETION PROJECT: CITY AND OR (name, address) PROGRAM MANAGER: BID/CONTRACT NUMBER: TO (CITY): :. CONTRACTOR: PROJCT NUMBER: ' NOTICE TO PROCEED DATE: . DATE OF ISSUANCE:. PROJECT OR DESIGNATED PORTION.SHAIL 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. •.. pEFINITION OF DATE OF SUBSTANTIALcOMPLETION 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 1 'City of Mlaml Beach • copyright 2034 The calm Qnup March 2004 • ,,t.. : • - • • . • • • • ' . . . • ' 1 .ProJect Manual List .of 'items t0. be completed Or corrected, prepared by CITY end 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 Ilst will be the date of final payment unless otherwise agreed In writing. . ' . City and/or Program Manager In eCccirdante with Section 2.2 Of the :Contract, CONTRACTOR will coMPlete Or correct the work on the list of items attached hereto within • .from • • the above Date of Substantial Completion. CITY and/or Program Manager ' . • By . Date By Date 'CiTY, • through the COntradt Administratoil, accopts the Work or portion thereof • designated by CITY as substantially complete and will assume full possession • 'thereof at (time)bn .. (date). • City of Warn] Beach; Florida By Contract Administrator Date The responsibilities of -CITY and CONTRACTOR for security, maintenariae, • heat, utilities, damage to the work and insurance shall be as follows: March 2004 City of Miami Beach , Page125 copright 24 The 6Od ego* • • Project Mantra! 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: Ail conditions or requirements of any permits or regulatory agencies have been satisfied. The documents required by' Section 5.2 of the Contract, have been •received 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 and/or Program Manager By Date CITY, through ohContract dminlstrator, accepts the work as fully complete and will fullpossession (time) (date). • - CITY of Miami Beach, Florida By Contract Administrator Date Page 126 City of Miami Beach cppyrlohl07004 iM Gordian OAP March 2004 • • • ProJet:t 'Manual .00830 FORM .OF FINAL 'RECEIPT The'follawlrig form will 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 Miami 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` for all extra work and material .and ail ' incidentals. • • CONTRACTOR hereby indemhlfies` and releases CITY from 'all Ilene grid clairns whatsoever arisirig out of the Contract and Project. CONTRACTOR hereby certifies that ail persons • . doing work upon • or furnishing materials or supplies for the. Project have been paid in full. In lieu of thls • certification regarding payment for work, materials and supplies, CONTRACTOR may submit a consent of surety to final payment In a form satisfactory to CITY. CONTRACTOR further certifies that all taxes Iriiposed by Chapter 212, : Florida Statutes (Sales and Use Tax Act), as amended, have been paid and • discharged. jif Incorporated.sign below.] CQjJTBACTOR ' ATTEST: Secretary (CORPORATE SEAL) Name .By • Title Date: March 2004 City of Miami Beach Page 127 copyright 0 2004 The Gordon Group . :Project Manual • Of riot Irticorporated slgnfbeloWj CONTRACTOR WITNESSES: Name By Date: . Page 128 City of Miami Beach March 2004 wpyrlpht 0 2004 The Gadis6 Group :Project Manual 01000 ADlikia-A-AirlD MObIFtcxr i Ns' a All addenda and other modifications made prior to the' tifie and date of bid opening shall be issued as separate documents identified as changes to the Contract Documents. March 2004 City of Miami Beach page 129 copyright 0 =4 The Gordian Group • Project Manual • TABLE OF CONTENTS • FOR THE • JOc'SIJPPLE liENTAL•GENERAL CONDITIONS • ARTICLE 1 . ARTICLE 2 'ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 • ARTICLE 8 'ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 • ARTICLE 14 . ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 • ARTICLE 19 ARTICLE 2D :. ARTICLE 21 ARTICLE 22 .: ARTICLE 23 ' ARTICLE 24 ':ARTICLE 25 ,ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 • ARTICLE 30 ARTICLE 31 THE CONTRACT 133 INTERPRETATION OF THE CONTRACT DOCUMENTS 134 'CONTRACT PERFORMANCE PERIOD 135 OPTION TO EXTEND CONTRACT PERFORMANCE 135 OPTION TO UNILATERALLY EXTEND CONTRACT 135 ECONOMIC PRICE ADJUSTMENT - (APPLICABLE TO THE OPTION PERIODS ONLY) 136 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION136 CHARACTER OF THE WORK 137 MEANS AND METHODS OF CONSTRUCTION 137 CONTRACTOR'S STAFF 138, • COMPETENCE OF WORKMEN 138 ORDERING WORK • 139 CONTRACTORS RESPONSIBILITY TO BECOME FAMILIAR WITH THE WORK . • 144 MEASUREMENTS TO BE VERIFIED 144 FINAL INSPECTION, ACCEPTANCE AND JOB ORDER COMPLETION 144 . CITY FURNISHED EQUIPMENT/MATERIALS.. 146 SALVAGE AND SALVAGE DISPOSAL 146 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY —146 :LIQUIDATED DAMAGES 146 REQUESTS FOR INFORMATION OR APPROVAL 147 CONTRACT ADMINISTRATOR r 147 THE PROJECT COORDINATOR/PROGRAM MANAGER 148 THE INSPECTOR 149 SITE PREPARATION AND CLEANUP 149 ON -SITE STORAGE 149 DISRUPTION OF COMMUNITY ACTIVITIES 150 TRUCKING 150 EXISTING ELEVATORS 150 CONSTRUCTION ELEVATORS, ETC 150 • ACCESS TO BUILDINGS AND SECURITY 151 EQUIPMENT AND FURNITURE 151 January2004 City of Miami Beach copyright m 2034 The Median Group Page l •• Project' fianual ' ARTICLE 32 .ARTICLE 33 ARTICLE 34 ARTICLE 35 ARTICLE 36 ARTICLE 37 ARTICLE 38 ARTICLE 39 ARTICLE 40 ARTICLE 41 ARTICLE 42 ARTICLE 43 ARTICLE 44 'ARTICLE 45 ' ARTICLE 46 • ARTICLE 47 'ARTICLE 48 ARTICLE 49 ARTICLE 50 ARTICLE 51 ARTICLE 52 ARTICLE 53 APPLICABLE REGULATIONS 151 ENVIRONMENTAL PROTECTION 153 PROTECTION OF WORK AND PROPERTY 153 FLOOR LOADING 155 PROJECT SITE MAINTENANCE 155 MATERIAL AND EQUIPMENT PROTECTION AND SECURITY 1 165 156 ' 157. 'BARRIERS 157 POLLUTION CONTROL 157 TEMPORARY SERVICES AND UTILITIES 158 ' . HOURS OF WORK AND ACCESS 161 • ALL LEGAL PROVISIONS DEEMED INCLUDED 161 ARCHITECTURAL AND ENGINEERING SERVICES ' • • 161 WORK INVOLVING HAZARDOUS MATERIALS 162 • • PRE -CONSTRUCTION CONFERENCE 162 JOB MEETINGS , 162 . ENERGY CONSERVATION ' 163 INTERGOVERNMENTAL PURCHASING AGREEMENT 183 COMPUTER REQUIREMENTS 163 CITY FURNISHED SOFTWARE 164 COMMUNICATIONS 164 EXPLOSIVES AND BLASTING CUTTING AND PATCHING Page II City of Miami Beach January 2004 cop7dgM 0 2004 The flordion Group • Project Manual .OE000 JOC SUPPLEMENTAL CONDITIONS ARTICLE I • THE CONTRACT '1.1. The Contract Documents for the Contract. The Contract represents the entire Integrated agreement between 'the parties and supersedes all prior negotiations, representations and aOreements, either written or oral Including the bidding documents. • 1.2. The Centred 'Documents shall Include: • VOLUME I: Project Manual VOLUME lia: Construction Task Catalog .VOLUME Ilb: Construction Task Catalog VOLUME ilia: • Technical $peciflcatians VOLUME IIIb: Technical Specifications VOLUME IIIc: Technical Specifications 1.3. Overview of the Contract • 1.3.1. Job Order .Contact (JOC)' is a competitively bid, firm -Ned -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, etc., 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 fumishe'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 qualify materials. The CTC also Incorporates local activity, climate and geographic features. 1.3.4. Bidder's will' offer (2) sets of adjustment factors that will be.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 coprighl 020041he Goodin GrO.p • Project Manual Engineering Services. These adjustment 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 be 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. 'The JOC 'concept also InclUdes 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 tithe of Contract award. These tasks are. referred to as "Non Pre:priced Items". Non Pre- ,priced (NPP) items' may require the establishment of speclflcations 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 Contractors 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 tho Contract Documents into Construction Specifications Institute ("CSI") divisions, sections, and articles, and the arrangement of brawwings 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 Project .Manual including the JOC'Suppiemental Conditions Shall apply to all contracts or subcontracts for the work covered by these speclflcations. . 2.5. The work under this 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 oopyright 0 2004 The Gordian Oiwp March 2004 • Project Manual • ARTICLE•3 • CONTRACT PERFORMANCE PERIOD • • The• Contract performance •.period Is twelve (12) rnonths •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 14-03104. 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 Comptetien Time:for 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 fullcontract perforrnande 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 maynot extend any in'dlvidual'JOC contract terrri"boyond 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 UNILATERALLY EXTEND 'CONTRACT • • . 5.1.. The C�nfract contains an Option to' Extend Provision, 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) months 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 •an additional Contract term . before the Contract expires. 5.1.2 • The e�ftension• shall be' accornplished'prier to:current'expiratlon date. Actual extension to contract shall be accomplished by written • notification. . • • . 5.1.3' The 'total duration of thus 'Contract, including the' exercising of the • .option terms, shall net exceed five (5) years. March 2004 City of Miami Beach Page 135 copyright O 2904 The Gordlo. Group • • • Project Manual , • ARTICLE'S „ECONOMIC PRICE ADJUSTMENT : (APPLICABLE TO THE OPTION PERIODS ONLY) .8.1. This'Articie provides 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-Adjustmeft 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. The "base year" forthe 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 folioWing 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." '•• The Ecorroniic Price Adjustment • for. months 13-24 of the .Contract. Is determined by dividing the "contract year'index" 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. Ali the above computations shall be carried `Id 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.DRAWI+NGS 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 popyriphtOY004theGordian Group March 2004 1 • Project'M'anuai ' . do so. If CITY provides such drawings -and additional specifications the provision listed below shall apply.. 7.2. In case'of 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 to be performed 'by the �Contractor In .connection with 'each Job Order will be described in the Detailed Scope of Work issued with each Request for Proposal. : • 8.2. . Uniass otherwise expressly provided in a Job Order, the Work must be performed in accordance with the best, modem practice, 'with materials and Workmanship of the highest quality, to the satisfaction of the CITY. 8.3. In addition to the standards that are 'prescribed herein, all Work shall conform . • . .to fire and safety regulations prescribed in the CITY of Miami Beach Building Code, and all codes and standards referenced therein, Inclusive of the Florida ' Building Code, and any drawings or specifications provided. .8.4. • Any material 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. I In case standards for materials and ' operations are not listed, the CITY reserves the right to cite those accepted by the profession Involved and •require that such standards be adhered to In the performance of the Work. ARTICLES MEANS AND'METHODS .OF CONSTRUCTION. 9.1. • :The Means and Methods of Construction shall be such 'is 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 constitute or create a 'hazard to 'the Work, or to persons or property; or 9.1.2. Will not produce finishedWork In •accordance with the terms of the Contract; or March 2004 City of Miami Beach copyrbahi C 40G4 The Gordian Group Page 137 1 • Project Manual 9.1.3. Unnecessarlly increase the price of the Job Order when alternative means and methods are available. 9.2, The City's approval of 'the Contractor's `Means and Methods of Construction; or its failure to exercise its 'right to reject such means or methods, shall not ' relieve the Contractor of Its obligationto accomplish 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 STAFF • . • 10.1. General:' The Contractor shall, imrrmodletely Capon recelving a fully executed .copy of this Contract, assign' and maintain during the term of this Contract and any extension of it, 5in adequate staff of competent personnel who are • fully equipped, licensed as appropriate,.qualifted and assigned exclusively to . perform the Work The Contractor ;shall provide the . CITY with the . qualifications of the Individuals who wiil'serve In those positions listed below. . The minimum experience of each individual below shall be at least five (5) years. . 10:2. • At a Minirmurn, the Contractor shell 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 erripioyees 'of the Contractor unsatisfactory, the Contractor shall terminate the involvement of such .employees in all areas' of Contract performance. ARTICLE 11 COMPETENCE OF 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 .copytighl 0 20341he Rordl l Group Project Manual 11.2. The Contractor snail assure 'that a °journeyperson, foreperson, Master,. etc., as appropriate, who is capable of directing the Work, performs or supervises all required Work or services. . 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 producequality 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, 1.1.4. On any 'Federally Fui ided projects the Davis=Bacon Act standard rules apply' ' . to this contract. AR7161..E 12 . ' Ol i]ERING 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 sham respond to'th'e 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 •Joint Scope meeting which will include discussion and establishment of the following: project number and title the detailed scope of the Work existing site condltions 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,' SpecifiCatlons,and as -bunts ' . March 2004 City of Miami Beach copyiiph! 0 2004 Th0 (MOW Group Page 139 • . • Page 140 • construction duration . liquidated dernages ' specific quality requirementsfor equipment and material the presence Of hazardous materials Preliminary quantity esthetes the applicable Wage Decision for Federally Funded projects date on which Job Order Price Proposal is 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 w111 evaluate the Job Order Price Proposal. 12.4. •Upon completion of the joint scope'meeting' and the Detailed Scope of ork • 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'Contractor 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 • • ' 11 Construction Task Catalog. • :The price per unit set forth in the Construction Task Catalog :shall 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, specifications, , and architectural . renderings. 12.5.2. Non Pre -priced Work Requirements: Unite ofWOrk '• • Construction Task Catalog but within the general scope andeIntent of this Contract may be incorporated into this Contract as needs arise. Such work requirements shall be incorporated Into and made a pan of this 'Contract for the Job Order to which they pertain, and may be incorporated into the Construction Task Catalog if determined City of Miami Beach March 2004 copyright maoa The Gordian Croup Project Manual approprlate-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 tinted to, the following: . 12.5.2.1. Complete-specificatlons and technical data,'including rrk unit content, support drawings, work task cost data, quality control and inspection requirements. 12.5.2.2. Work schedule. • 12.5.2.3. Casting data, subMitted In support of Non Pre-pricedTasks 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 sutinlitted for Non Pre -priced Tasks shall be according to the following formula: 'Al --Direct Labor Cost (up through 'the .foreniari level and _including fringe benefits) B Direct Material `Costs (supported by quotes) •C = Direct Equipfient Costs (supported by equipment amortization data) D = Subcontractor Costs (supported by quotes) E Allowable Over' Head Costs = A x 55% Allowable Profit = (A + B + C) x 1O% G .Subcontractor AfloWa'nce =.D x'1O% Total Cost of Non Pre -Priced Task = A •+ B + C +D + E + F G *A, B, C, E and F only apply to work self -performed by the Contractor. *D and G only' . apply to work self -performed . by Subcontractor's. March 2004 City fo Mai i Beach copyright* iNXiciho Gordian GiouP Page 141 • • :Projebt Mengel .12.5.2.5. Fallowing approval by the CITY of a NOn Pre -priced Task •and unit price, the Non Pre -priced Task. unit price will be 'loaded into the computer data base. 12.5.2,6. The 'total extended :price 'for the Non 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 'adjustmentfactor of 1.0000. 12.5.2.7. After using a .non pre -priced item 'on 'three Separate Job • Orders, the CITY reserves the rightto Includethe 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. . ' •: 124:3. The Cbritractor's Job Order !Price Proposal shall include, at a minimum: • 12.5.3.1. Cost Proposal: 12:5.3.2. Architectural Or; Engineering 'Drawings or sketches as • required. . 12.5.3.4: Catalog Cuts, technic rl data orsarnples required 12.5.3.5. List of anticipated •Suboontraators and Materialman 12.5.3.5_ ,Construction Schedule; 12:5.3.7. Certlticates for any special'insurance required; 12.5.3.8. Sample warranties or guarantees for Materials, equipment or systems proposed; 12.5.3:9 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 hi) 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 arid 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 ooprtoM Q 2001 The Gordian GM* March 2004 Project Manual Price Proposal may be required quickly end the due date. will be so ' Indicated on the RFP.• -12:6; Review of the Job Order Prioe proposal and iss•uance of Job Order 12.6.1. The CITY shall eValuate the. entire Job Order Prlde • Proposal 'and proposed tasks and compere 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 Clty'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 e Job Odder Price Proposal priconsibility to include er necessary tasks and quantities to delivering it to the CITY. ; - 12.6.4 Eaati Job Order .provided to the Contractor shall reference the Detailed Scope of Work and set forth the fixed price to be paid and the Job Order Completion Time: -All 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 Immediate ernergerlcy 'response is nedessary 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•developed Request for Proposal, • Detailed Scope of Work, or Job Order. The Contractor shall be Compensated in Work had been ordered underth the he standard proceTasksTC and Win Pre-riced as if thedures. 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 Proposai or cancel the Job Order.., if the Contractor consistently submits Price March 2004 City of Miami Beach Page 143 copyright' ODD The Gordan Group 1 ..: Pr'oject'Manual . Proposal's which are rejected by the CITY, the CITY may declare the ' Contractor in default and initiate termination of the Contract, according to•Article 15 of the General Conditions. 12.6.7. After the CITY has reviewed the t {her ctO a of thePro Proposal a f an • . agreement has been reached as any, the Contractor Is not allowed to make any changes to the revised Price Proposal other than the changes agreed to. i .AFMfICLE 13 CONTRACTORS' RESPONSIBILITY TO '`BECOME ' FAMILIAR' WITH THE WORK • . ] • •• . 13•.1. , The • Contractor Is 'required ta' Inspect the site of the' wont 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 establish the presumption that the Contractor has investigated the site of the • •work and is satisfied as to ail reasonable conditions to be encountered, • •quantity and quality of the• work to be performed and materials furnished in • the completion thereof. ` .. . .1.3:2.. 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 'immediate notification, in writing, of 'such variation to the CITY and the . Contract price shall be •adjusted by unit prides established In the bid or . ` agreement, as appropriate.. .. , .. ': 13,3: ' .Contractoris regUired to examine and be fariliar'with existing contracts and . •Work being Constructed. .AR'TICLE 14 . MEASUREMENTS TO BE'VERIFIED • 14.1. Before Ordering any material. or doing any 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 .)NSPECTlON; ' ACCEPTANCE AND JOB ORDER • . COMPLETION • ' 15.1. Contractar's Punch List • ; Page 144 • City of Miami Beach cop nipM 02%04 fie Median (hoof March 2004 • • • PrOjoct Manua! 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 alist 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 oorrect all' items listed 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 Contractor' Shall subrnit • `the signed Contractor's Punch Ilse to'the CITY and or Program .Manager with a request for a Final Inspection • of the Work. 15.2 Th'e CITY's Punch Llst' • 15.2:1. Upon receipt of the ,Contra'ctor's'.request, the CITY and or 'Program • •-Manager shall conduct a Final Inspection to determine whether the . Work compiles with the Contract Documents. . ' • 15.2.2. At the' coricluslon Of the. Final • Inspection, the CITY and or grogram Manager shall notify the Contractor of any itemms remaining which Is In a deficient or unacceptable condition. Said list shall be known as . the City's Punch List. 15.3. Correction Of the CITY'S Punch List 15.3.1. Within 3 days of receipt of the City's Punch List, the Contractor shall • commence correcting all items on the City's Punch List. • •` 15.3.2. • If' the Contractor does'n'ot complete the !terns on the Owner's Minch • • . 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 tin 'the City's 'Ninth List•cannot be• completed 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 toinciude any !tern 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 aftE r the original Punch' List which are part of the Job Order shall be completed under warranty and within 10 days of notiflcation.io the Contractor. March 2004 City of Miami Beach Page 145 cwpydpht 0 2004 The Oordlen Gawp • . • .:projectManual ARTICLE 16 CITY FURNISHED EQUIPMENT/MATERIALS • 16.1. •Frorn 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 . Means 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 forthe loss or damage to City -furnished property. The Contractor shall follow the instructions of City% representative . • regarding the disposition of all City -furnished property not consumed in • performance of a Job Order. • • .ART1CLE 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 informed of the presence of • 'the property and disposition instructions%hall be requested. • 17.2. Debria, rubblsti, 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 ConseNation 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 pR.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 19 LIQUIDATED DAMAGES . 19.1 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, City of Miami Bciach March 2004 0:000t0 20341ha Gordin Group . Page 146 • :PrOJect Manual 19.2. Nothing .in this article • shall be construed as limiting the • right of CITY to proceed under Article 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 all 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:�...Liquidated'damages 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 • obligation -too Indemnify the CITY,as described in a or to te anyarticle otherremedy providedrein) or the forr's abliga ' :. Contract or by Law. • 1 19.5. The CITY will deduct and retain out of the monies which may become due herein, the amount 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 FORINFORMATION OR APPROVAL. 20.1. From time to time as the Work.prog'resses and in the sequence Indicated by the approved Progress Schedule, the Contractor must submit to the CITY a specific request in writing 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 AbN iNISTRATOR' 21:1. The City will assigns Contract Administrator and to oversee the execution of the Job Order Contract. The Contract Administrator will manage and • administer the JOG 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•rnatters 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 Page 147 • • ProjectManual • Contractor to receive any monies under the contract (except as other/vise • enumerated in the CITY General Conditions). ARTICLE 22 THE PROJECT CbORDINA1 ORlP'ROGRAM'MANAGER 22.1. ' The' CITY'S Project .Coordinator/Program Manager, In 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, gtiallty,•arid 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 Contract'shall be'coordinated with .Work of Other Contractors engaged simultaneously on thls Project, including the power to suspend any part of the Work, but not the • whole thereof; 22.1:4.. To make changes' in the Work as the Project Coordinator/Program' Manager deems necessary, including the necessity for issuing • additional Job Orders, however subject to review and approval by the Contract Administrator. • 22.1.5. To amplify the' Contract'Drawings;, add explanatory information end furnish additional Specifications and Drawings, consistent with the Intent of the Detailed Scope of Work. .22.1.8..To suspend the whole 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 foregoing enumeration shall' not Imply any limitation upon the power of the Project Coordlnator/Program .Manager, for It is the intent of this Contract that ail 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 Coordinator/Program Manager is expressly called for •herein. Page148 City of Miami Beach copyright 0 2004 The Wallet' Oroup March 2004 Project Manuel. ARTICLE 23 THE INSPECTOR 23.1. The CITY may appoint such persorror 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 Protect Coordinator/Program Manager at tile 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'1nspector, 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 establishedprocedures .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 procedures 'for gaining 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 thefurniture and portable 'offide equipment in the 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 contacting appropriate agencies for movement of vending machines. 24.3. Perforhi clean .up and site restoratibrti prior to final walk-through inspection. All projects shall be delivered In a clean, orderly and usable condition. i . ARTICLE.25 . ON -SITE STORAGE .25.1. If, during' the course of the dantract, 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 for -such stored material, equipment, buildings, or trailers. March 2004 City of Miami Beach Page 149 copyright 02004 The Golder Group • • • . . . . . • ' • . . • • , ' • • -.-:..ARTICLE 26 . • DISRUPTION OF COMMUNITY ACTIVITIES _16.1: The Contraotor shall not .cause any disruptionto .prigtiing community 'activities at the work site. Planned activities will be•cdordinated 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 to adjacent tenants or the surrounding neighborhood. '; • ARTICLE 27 TRUCKING • . . .27.1. The Contractor shell require that all truCks entering•Ot leaving'the project 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 loads for Materials subject to blowing. • ...ARTICLE 28" EXISTING ELEvAtoits • • • .28.1.. .AnY teMpontify Ise of existing elevatori Shall be arrahgernent With CITY • . • .:staff. •Such use will be of an Intermittent nature. The Contractor shall provide • and maintain r suitable and adequate protection ;covering for the elevator • machinery, the hatchway entrance, and the- Interior -of elevator during the .perlocis 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 Current1 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. . ARTICLE'29 CONSTRUCTION.ELEVAT014 ETC. ..`•29:1. The COntraCtor shall Construct eleVatori, cranes and other rigging; lifts, etd.., . • . as required for the work. • • ': .29.2. Ali such construction Shall be 'carried oUt as required by the local prevng the City. 'Building Codes within the City of Miami Beach and subject to the approval of 29.3. The Contractor shall maintain ataftwaya throughbathe whole height .of the . • • , structures In condition for safe usage by mechaniCs and others. . ' • Page 160 i City of Miami Beach March 2004 oopyright 2004 The Gorden GrouP • project Manual . ARTICLE 30 '.ACCESS TO BUILDINGS€AND SECURITY {e CITY 3n.1. It aha11'be the Contractop buildings °sand 4ac lities and aYrange for and pthe buildings 'staff, to obtain access to be opened and closed. It shall be the Coat theaend ofeeach wolrk day a dto non ge for adequate security of the work site(s) weekends. 30.2: • It is the responsipillty of the Contractorprohibit os�cked g reas by the Contractor's employe opgwit te entrance f personal . the Contractor's employees engaged In the performance of assigned work in those areas. ARTICLE 31 EQUIPMENT AND FURNITURE late area of work will be 31.1, Furniture and portable equipment -'1n the Immediate 'moved by the Contractor and replaced th� ob Orgdearlrn►ill stion not allow n furntueeaa d work, if the work requiredy 'portable office equipment to be replaced to its original 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 of materials and equipment a n and personnelithrnent 'of work hall be made with a minimum of interference to CITY operations l. 31.3. • The work shall, so far at practicablbe shall be completed In hin ie secti noneOr i before •. and confined to limited areas. Work work In other sections or divisions are started. .ARTICLE 31 APPLICABLE REGULATION$ ro and all rules and regulations '33.1 The site of the Contract work Is on CITY property Y Issued covering fire, safety, sanitaticin,.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: .32.1.1.1. Contractor's :and' subcontractorepil requ• irements shall fore with, a cognizant of, and shaft comply Q h handling and storing combustible supplies and materials, daily disposal of combustible waste, trash, . etc., in accordance with. National Fire • Code and •National ASOCes quire thiOn of employees Fire Underwriters. toy esto becomeamilier with Contractor will rmethods of q A March 2004 City of Mlaml Beach Page 151 O 20041M apWm arouP Pro]ect M'arlual activating CITY fire alarms and any City of Miami Beach 'requirements regarding same. 32.2.1. • Safety: 32.2.1.1. All rules of safety that are' or 'May be Irnpased 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 attention is called to • adherence to all applloable rules governed by the Florida 'Occupational Safety and Health Administration. Contractor shall take proper safety and health precautions to protect • the work, ..the Contractors 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 •materisis'arid debris, sweepings,. 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. • 3'2.3.1.3. The entire. Work area shall be cleaned up at the ehd of each Work session. • 32.1.1.4. 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. ' 32.3.1.8. •At completion of the Work, the premises 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, scaffofding, eto., and thoroughly clean the Work site before submitting the project to the CITY for final acceptance. ' Page 2 City of Mlami BeachMarch 2004 copyright 0 0004 The Qadion Group 1 • project Manual • 33.4.1; Conduct: 33:4.1.1. Contractor and .Cb rules of coati uct while onees l CITY property the same general N that apply to a CITY employee. CITY reserves the right to refuse access �e ir��i1e best Interests of employee ITY e if CITY , -determines It to ARTICLE 33 ENVIRONMENTAL PROTECTION t of Work areas 33.1- The Contrd by this ll be Contract. Clble Ito ontractorQtect shallthe bee responsible for the proper di affected y disposal of all hazardous,l liquid, and gaseous dis and refuse • in accordance with all federal, stat. local codes and regulations. 33.2.: All chutes -fcr refuse; 'arid the like dissemination of dust.such a design to fully confine the material to prevent the ARTICLE 34 PROTECTION OF'WORK'AND PROPERTY 34.1...The Contractor 'shall . continuously rriaintainecluete ptechproperty f om lOn of l the Contractor's work .from damage, and shall protect Ury . or loss arising In connection with this Contraot. The Contractor dolma or good any such damage, injury or loss, except as may Y Caused by agents or employees of CITY. . 34.2,. The Contractor shall at ell timeon orrVthe pram sets IniOn the usual andfaclanduct . ties to . safeguard ail persons pgssing .abo t • '.of their business, and any special InStructlans 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 propel as provided by law 'and or as directed by the CITY. cards, fences; :..... �34:4, The contractor shall provide'and rt ofin thellp lights, public, � and hail comply With all gates, etc., for the properprotection .. Municipal rules, regulations, ordinances and laws. • 34.5. The Contractor shall properly and carefully shoreanpuirsother iise sugport alll! live water, sewer and gas pipes, electric wires, etc., which may be encountered.51 neshall .to protect theasame.atTh'Contractor the CITY of such and give such CITY per shall provide sufficient, safe and proper facilities at all times for the inspection of the work. .March 2004 City of Miami' Beach popyrit014 20041be Gv,d{an Group Page 153 . .. .•. '34.6. The Contractor Shall furnish throughoUt the'. entire 'Project ell 'scaffolding, ' `. 347. In an emergency.affecting:the .safety , of life- 'of the wrk,' or of adjoining .Piaject ManUal . • . . property of CITY, the Contractor, without special instructions or authorization •, . ladders, .decking or runways as necessary to execute the Work in a safe Manner. . . . . — • • . , .. : . • J .. . from CITY, is hereby permitted to act in at the Contractor's discretion to prevent such threatened loss or Injury. i • . 34.8. Any coMpentatiom Claimed by the COntractor an 'account of ernergendy Work i . . . . . • , • the Contractor. as set forth in 12.6.5 above shall be determined by agreement of CITY and •• 34.0. The 'contractor 'Shall carefully protee all trees, Shrubs,. 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 a end proper 'Mite, Make ail neceesaryartangetnents and perform all other services required for the . care,. .protection and Maintenance of all public utilities, Including mall boXes,•fire plugs, power and . . itelephone poles and wires, and all other hems 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. Where • materials are not sold or fuMiehed in Packages -6r Containers, the • Contractor, when . requested by .CITY, shall obtain invoices from the . manufacturer or Its 'agents covering'smaterials showing the name and . . . . brand of the materials furnished, which invoices must be furnished to CITY. • • . . • 34.13. in :the eVent of accidental damage to or disrUption of anY'Of bity'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 all pfeces/parts .of any damaged .. • .:. equipment/materialt, 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 COntintious, "around -the -clock" basis until •required . ail restoration Is complete. Also, the Contractor shall provide and install all materials and equipment ' . 34.14. All 'costs involved in making repairs and restoring clistypted stirvioes tO normal shall be borne by the Contractor. i . . . ' . . : . • • 34.15. The Contractor and/or his/her subcontractors shall furrilsh, erect and maintain such signs as may be required by compliance with local codes and/or safety . . . Page 154 City of Miami Beach oopyright 0 2004 The Cloidion Gimp March 2004 Project Manual regulations for the purposes 'of controlling trafflc and safeguarding life and 34.16. The Contractor shall provide adequate climatic protection for exposed part of , buildings wherever work under this Contract is performed. property. ARTICLE 35 FLOOR LOADING • 35.t:..Cate 'shall be taken that floors are'nat overloaded at any time. • . ARTICLE 36. PROJECT S11TE •MAINTENANCE • • 36.1: • The Contractor shall store all supplies and equipment on project site(s)'so as tit •preclude mechanical and climatic damage and maintain project sites in a • .neat and orderly manner at all 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.EQIiIPMiNT PIto`TECTiON:AND SECURITY 37.1. The Contractor shall cover equipment that is to rerriain'in •place within the • area of contract. operations and protect it against damage or,loss. 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 oqulpment 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 shalt be • solely responsible for the proper •storage, .security and protection of all their tools, equipment, materials and personal property that they may store or leave on CITY property. The Contractor's ;materials 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 Te$ponslble 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 final acceptance of the • March 2004 City of Miami Beach copyright* 2004 The Ocean Group Pape 155 . Project Mania! • Workby the CITY. The Contractor agrees not to tidld the CITY liable for any • :damage thereto or lass thereof. ARTICLE 38 • EXPLOSIVES AND. BLASTING • 38.1. .Use of explosives will not be permitted' without prior Writtenpermission from: the CITY and the prior to the contractor obtaining all applicable permits. • ' 38.2. If and when the use of explosives Is necessary 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 life 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 tiring• 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 Readmit: CONTRACTOR 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 •necessairy on this contract shell be 'done with . • the express provisions that the Contractor • shall be and Is hereunder . responsible for any and all damages and claims arising from such blasting or by accidental explosions and for the defense of aft 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 permitted within 28 '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: Page 156 City of Miami Beach copyright e 2 Q4 the Gordian Group March 2004. Project"Mantle! 38.6. Rock encountered within 5 feet of existing pipelines or building shall be removed without blasting. • I 38.7. Ali blasts in open Out shall be well covered and provisions made to protect • pipes, conduits, sewer structures, persons, artd properly adjacent to the site of the work. Blasting shall be clone only with such quantities and strength of 'explosives arid 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 Project Manager. After a blast is fired, the Contractor shall cause the 'excavation to be thoroughly scaled and .all loose and shattered rock or other°loose 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 shalered 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 backfilling as specified herein. • ARTICLE 39 CUTTING AND PATCHING 39.1. ,The •CONTRACTOR shall do all cutting; patching and restoration required by • the Work, except as otherwise specified. All restorations shall be to the . satisfaction of the CITY. ARTICLE 40 BARRIERS' 40.1. The CONTRACTOR shall erect ternPorary barriers and 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 . 41.1.- During the course of construction, the CONTRACTOR shall conduct his/her operations In such a manner as to = present 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 Page 157 aopyriph t 9 2004 The Gordian Group • • Pr'ojett 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 impurities 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" shell be utilized as applicable for erosion . • and pollution control. ARTICLE'42 TEMPORARY; SERVICES'AN© UTILITIES Unless the 'Detailed Scope of %Nark states oth'e wise: 42.1. Terriporary Services and Utilities: • 42.1.1, General:. ' • . . i 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 expeditious prosecution of the Work. The' CONTRACTOR 'shall pay all costs for such general services and temporary facilities. 42.1.1.2. Temporary connections for 'ail utilities and facilities used by the CONTRACTOR including installatlon,:maintenance and removal of such facilities shall be at the CONTRACTOR's expense. 42:2. Water: . ; 42.2.1. The CONTRACTOR Shall provide tetnporary'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 ta'serves 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 job site. The CONTRACTOR shall provide his/her own portable electric system or make temporary connections to the existing electrical system as necessary or make arrangements with the power company at hls/her own expense, to supply his/her construction needs. An • Page 158 • City of Miami Beach copyright O2ao1 The Go don Group March 2004 • _. 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 mariner 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 less 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. • .42.4.2.',The 'CONTRACTOR shall furnish, 'install, operate -and maintain `all • required temporary heating 4quipment, and 'shall provide and pay all fuel costs. Oil fired or gas heating units shall be self-contained 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. Temporary Field Offices: 42.5.1. On some Job Orders the CONTRACTOR may be • required provlde 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 stern 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 telephone's 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. • .March 2004 City of Miami Beach Page 159 oopyrghl o 2004 The Gallen Group • hroiect !Manual 42.5.3. • The CONTRACTOR shall provide a .facsimile machine • in the temporary field offices • to expedite written communication .between • .the parties. The CONTRACTOR shall 'bear all costs of providing said - ''equipment. , 42.5.4, The facilltiestmentiohed above shall be'rrnade available far the use by the City's designated representative during its site visits. 42.6. Temporary Sanitation'Facilities: .42.6.1.. CONTRACTOR'S personnel will normally not be .pemnitted to. use . toilet facilities on project premises subject to. regulation and control of • CITY staff. The CONTRACTOR shall provide adequate and suitable . temporary facilities. • 42.6.2. ,The CONTRACTOR shall rovide.temporary toilets for the use of the • workmen, placed where directed and maintained in a sanitary . condition. ; 42.6.3. At the completion of the coniract the. ferriPOterjf toilets shall 'be • . removed.. . • 42,6.4: Existing on -site 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 anytype are in use. . . 42.7.3. The CONTRACTOR shall not uSe volatile IFgOIds for cleaning agents or as fuels for motorized equipment or tools within building. 42.7.3.1. Tarpaulins'shall be securely anchored and flame 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 . materlals shall • not be stored, nor debris allowed to accumulate in or about the site. Page 180 City of Miami Beach March 2004 copyright. 2C04 The Qardlon ti+oup ` 1 ' Protect Manutal ARTICLE 43 HOURS OF WORK AND ACCESS. 43.1. The. CONTRACTOR shall accomplish the tasks required by the Job .Order lasued 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 Day, the designated Christmas Holiday, Christmas Day. The CONTRACTOR will 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 PITY authorized employee. •ARTiCLE 44 ALL LEGAL.PROVISIONS DEEMED INCLUDED 44.1. Itis the 'intent and 'understanding of the parties to this Contract that each and every provision of Law required to be Inserted in this • Contract shall and is inserted herein, and If, through mistake or otherwise, any such provision Is • not inserted, or is not inserted In • correct 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 ENGiNEERING'SERVICES 45.1. The Contractor will be required to provide A&E services,itarnped and sealed drawings In support of some Job !Orders, These services are typically '.required for obtaining some permits 'end or docLmenting 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 engineering and consulting -firms utilized by the CONTRACTOR to perform its duties hereunder are subject to approval of the CITY. All such 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 City of Miami Beach Page 161 copyright0 2004 The Gordan Group . project Manual • 45.1.2 At any time when stamped and sealed. architectural 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 eiipected to. provide sketches, minor ••calculations, shop drawings and Specifications end "as bulit" drawings, The 'Cost of these services shall be borne by the Contractor. ARTICLE 46 '. WORK INVOLVING:HAZARDOUS 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. '48.2. This 'requirement Is. to be considered by the 'CON1 RACT'OR as part of the. Scope of the Article above entitled "ARCHITECTURAL AND ENGINEERING • SERVICES. :• : 46.3. 'Such abatement plan and specification shaft 'be submitted 'to' the CITY for review and approval prior to commencement of any work Involving hazardous materials. ARTICLE 47 PRE -CONSTRUCTION CONFERENCE •• 47.1. • Before 'the issuance • of the first Job Order under this Contract, a Pre; .Construction Cohference wlil 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 'on a !Job Order -by Job 'order basis, there • • may be a mandatory pre -construction conference • at the Project Site to • discuss specific management concerns 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"quaiitied 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 oopyrlght 0 2004 The Gordian Group March 2004 • Proje6t Manual ARTICLE.49 ENERGY CONSERVATION' ; - 49.1. CONTRACTOR shalt comply with' energy conservation plans, and promote efficient use of all energy. In addition, the CONTRACTOR shall; 49.1.1. Use lights only in areas where• work is actually being performed. 49.1.2..Tum off faucets, valves, 'and equipment after required usage' ha's been accomplished. 49.1.3... Not use CITY telei o . _any . ._ or • long distance calls. :..ARTICLE 50 INTERGOVERNMENTAL'P'URCHASING AGREEMENT 50.1. • The ;CONTRACTOR may be ' regialred to : work an property under the Management of the County or other municipalities or entitles which the CITY has an intergovernmental purchasing agreement.. Award of a Job Order Contract does not give the CONTRACTOR any exclusive 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 ail sales to governmental, not for profit or quasi governmental entity; resulting from this contract resulting from thls '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. ARTICLE 51 COMPUTER REQUIREMENTS . . . 51.1., The CONTRACTORIS is • to have in Operational condition one computer systems similar as -described below. The CONTRACTOR shall have staff . with basic computer and Windows capabilitles to operate their equipment. 51.2. The computer systems will tnininlallyconsist of: 51.2.1: Latest model/mast powerful' Pentium pro6essor;.256 MB expandable Memory, 3-1I2" 1.44 Mb floppy disk drive, DVD RAM with decoder card, 1 parallel, 2 serial ports, 2 USB • ports, 104+ enhanced keyboard, 128 bit 3D/2D minimum 32 MB SCRAM video accelerator, • Microsoft mouse and a 19" minimum SVGA color monitor. The • computer shall be Gateway, Deli, IBM, or approved equal with an Intel CPU in a tower case. 51.2:2. 40 GB ULTRA ATA Drive wJULTRA ATA •controller. • March 2004 City of Miami Beach Page 163 copyright 0 saoa The Gordon Croup ' .••+.nm...Rw.T..+.w.....i.��.� n.awSl.SYIr., 's • ' Project Manual • 51.2.3. Premium Multimedia Package. I • 51'.2:4. Fastest' available :standard -dat&fax modem '(US Robotics' 56,000' BPS, Telepath modem or approved equal) • 51.2.5. 250.MB IOMEGA ZIP drive w12'ZIP disks: 51.2.6. '3 COM PCI 101100 twisted pair'Ethernet'netwark' card. 51.2.7. Latest ' model standard office Hewlett Packard • laser printer Or approved equal. 51.2.8. Voltage surge protection'device . • .61.2.9. Latest version of MS DOS, • MS Windows, • Anti -Virus software by • Symantec, and PC Anywhere' for Windows communication software • by Symantec. • ARTICLE 62 CITY FURNISHED•SOFTWARE .52:1. CITY furnished software,' PROGEN®, Will be provided to the'CONTRACTO • '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. Once 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. •AII papers .required to be delivered .to the CITY • shall, Unless otherwise 'specified in writing to the CONTRACTOR, be delivered to: . Mr. Gus Lopez, CPPO, CPPB . Director, Procurement Division City of Miami Beach 1700 Convention Center Drive i • Miami Beach, FL 33139 53.2.. And any notice'to or demand upon the CITY•orShall be sufficiently given if so delivered, or deposited In the United States mail In a sealed, postage -prepaid • • Page164 City of Miami Beach March 2004. copyright O 2a04 m. Gordian orauv Project Manual • • envelope, .or delivered- with charges prepaid to tiny telegraph • or dellvery company for ••transmission/delivery Ito said Contract Administrator, at said d 53.3. ' Any such nOtIce shall be deemed to ihaVe been given' ias of delivery; or, in the case of mailing, When the same would havee been re the Of actual .in due course of post; or In the case of telegram or delivery company, at the 'time of actual receipt. calved • 53.4: ' Notices required t0 be delivered to .the .CONTRACTOR s '' ll, Otherwise specified in writing, to the CITY, .be delivered to the address lthe. CONTRACTOR provided in the Bid Documents. March 2004 City of Miami Beach copyron Biro 4 Th, Gordon Group age 76$ • •Prdjet t lilianuai .Page160 • • "his Page Infentionafly CeftBlank ' • • .City of Miami Beach cowl& 0 RW41ho Goodly, Group March 2004 •