HomeMy WebLinkAboutGordian Group Project Manual 6•
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 clay the Work is 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 to comply with Article 39 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 particular'event of delay.
41.3. Excusable Delay may be cornpensable or non-compensable:
41.4.1. Cotinpensable Excusable Delay:
41.4.1.1. Excusable Delay Is compensabe when (I) the
delay extends the Contract Time, (li) Is caused by .
circumstances beyond the control of the
CONTRACTOR or its subcontractors, suppliers or
vendors, ;and (ifi) is caused solely by fraud, bad
faith or active Interference on the part of CITY or
its agents. In no event shall CONTRACTOR be
compensated for interim delays which do not
extend the Contract Time.
41.4.1.2. CONTRACTOR • shall be entitled to .direct and
indirect costs for Compensable Excusable Delay.
Direct costs recoverable by CONTRACTOR shall
be limited to. the actual additional costs allowed
pursuant to Article 38 hereof.
41.4.1.3. CITY and CONTRACTOR recognize and agree
that .the amount of CONTRACTOR's precise
actual Indirect costs for delay In the performance
and completion of the Work is impossible to
determine as of the date of execution of the
Contract Documents, and that proof of the precise
amount will be difficult. Therefore, indirect costs
'recoverable by the CONTRACTOR shall be
liquidated on a daily basis for each day the
Contract Time is delayed due to.a Compensabie
Excusable Delay.. These liquidated Indirect costs
shall be paid to compensate CONTRACTOR for
all Indirect costs caused by a Compenseble
Excusable Delay and shall include but not be
March 2004
City of Miami Beach
copyriQh o 2004 The Gorilla, p,oup
Page 101
Project Manual
limited to, all profit on rindirect casts, .home office
overhead, acceleration, Toss of earnings, .loss of
productivity, loss of bonding capacity, Toss 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-Campensable Excusable Delay:
41.4.2.1. When Excusable Delay is (1)' caused by
circumstances beyond the • control of
CONTRACTOR, its subcontractors,. suppliers and
vendors, and is also caused by circumstanOes
beyond the control of the CITY or Program
Manager, or (II) Is caused jointly or concurrently by
CONTRACTOR or its subcontractors, suppliers or
vendors and by the CITY or Program Manager,
then CONTRACTOR shall be entitled only to a
time extension and no further .compensation for
the delay. ;
42. Substantial Completion:
42.1. When CONTRACTOR considers that the Work. or a portion thereof
designated by CITY pursuant to Article 29 hereof, has reached
Substantial Completion, CONTRACTOR shall so notify CITY and or
Program Manager in writing. Program Manager and or CITY shall
then promptly inspect the Work. When CITY and or Program
Manager, on the basis of such an inspection, determines that the
Work or designated portion thereof is substantially complete, it will
then prepare .a Certificate of Substantial Completion In the form
attached hereto as Form 00925 which shall establish the Date of
Substantial Completion; shall state the responsibilities of CITY and
CONTRACTOR for security, maintenance, heat, utilities, damage to
the Work, and insurance; and shall list all Work yet to be completed
to .satisfy the requirements of the Contract Documents for Final
Completion. The failure to include 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
. copyriyh, Q 2GO4 Too Gmdlen Group
March 2004
Project Manual
Completion. The Certificate .of Substantial CoMpletfon shall be
Submitted to CITY through • the : Contract Administrator and
CONTRACTOR for their written acceptance of the responsfbilities
assigned to them In such Certificate.
43. No Interest:
. 43.1, Any monies not ,paid by CITY. when • claimed to be duo • to
CONTRACTOR under this Agreement, including, but not limited to,
any and all claims for contract damages of any type, shall not be
subject to interest Including; ,but not limited to prejudgment interest.
However, the provisions of CITY's prompt payment ordinance, as
such relates to timeliness: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 stibriiit Shop Drawings and or Samples as
required and or as listed fn•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 s`pecifled' in the Notice to Proceed,
CONTRACTOR shall submit to CITY and or Program Manager a
complete list of preliminary data on items for which Shop Drawings
are to be submitted and shall Identify the critical items. Approval of
this 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, -fabricators, and suppliers: CONTRACTOR
shall include all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop
Drawings and each and every copy shall show this approval 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
copyiiphk 0 2Op4 Mit Oadlan Oroup
Page 103
. Project Manuel
reileve CONTRACTOR from Its responsibility to comply with ' the
Contract Documents.
44.6. -CITY and or .Program Manager shall review and approve Shop
Drawings within fifteen (15) calendar days from the date received,
unless said Drawings are rejected by CITY and or Program Manager
for material reasons. CITY'S and or Program Manager's approval of
Shop Drawings will be general and shall not relieve CONTRACTOR
of responsibility for the accuracy of such Drawings, nor for the proper
fitting and construction of the work, nor for the furnishing of materials
or work required by the Contract Documents and not indicated on the
Drawings. No work called for by Shop Drawings shall be performed
until the said Drawings havebeen 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 .to !partial submittals .of Shop Drawings for
items which interconnect and/or are interdependent where necessary
to properly evaluate the design. It is CONTRACTOR's responsibility
to assemble the Shop Drawings for all such interconnecting and/or
Interdependent items, check them and then make one submittal to
CITY and or Program Manager along with Its comments as to
Compliance, noncompliance, orfeatures requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
Submitted as Shop Drawings, any additional information or changes
on such drawings shall be typewritten or lettered in Ink.
44,9. CONTRACTOR shall submit ttie number of copies required by CITY
and or Program Manager. Rd -submissions of Shop Drawings shall
be made in the same quantityuntll final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CITY's approval at the job site et 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,hand 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 bid adjustment
Page 104
City of Miami Beach
copydo • 2014 The Gordian Group
March 2004
1
• Project Mannar
factors. All record drawings shall be made on reproducible paper
and shall. be delivered to CITY and or Program Manager prior to, and
as a condition of, final payment.
45.2. CONTRACTOR shall Maintain In a safe place at the Project site one
record copy of all Drawings, Plans,"'SpecIflcations, 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.
45.3. Prior to, and as a condition precedent to Final Payment,
CONTRACTOR shall submit to CITY, CONTRACTOR'S' record
drawings or as -built drawings acceptable to CITY and or Program
Manager as fisted 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 "as-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 Drawings:
46.1. As the Work .progresses, the Contractor and the Subcontractor for
each trade or division of Work, under the direction of the Contractor,
shall keep a complete and accurate record of the following:
46.2. Changes and deviations between the Work•as 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. • Equipment schedules. indicating Manufacturer's names and model
numbers.
•
46.5. The As -Built Docurnehts shall be arranged in a logical order, and in
accordance with the various provisions of the Specifications (if any),
and properly indexed. The Contractor shall review them for
completeness prior to submittal to the CITY. At the completion of the
Work, the Contractor and ,each Subcontractor shall certify by
endorsement thereof that each of the revised sepia niylar of the
March 2004
City of Miami Beach.
eoPYrFOP 0 2034 The Gordian Group
Page 105
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:
47.1.1.! All employees on the`work site and other persons who may
be affected thereby;
47.1.2. All the' work end !all 'materials or equlprrient 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, .!awns, walks, pavements,
roadways, structures and utilities .not designated for
removal, relocation ;or replacement -in the course of
`construction.
47.2. CONTRACTOR shall complyrith all applicable laws, ordinances,
rules, regulations and orders •of any public body having jurisdiction for
the safety of persons or property or to protect them from damage,
injury or loss; and shall erect and maintain all necessary safeguards
- for such safety and protection. ;CONTRACTOR shall notify owners of
adJacent property and utilities ! when prosecution of the work may
• affect them. All damage, injury or Toss 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 O 2004 The Gordl,n Group
•
. Project Manual
48. payment by CITY for Tests:
48.1. Except when otherwise specified in the Contract Documents and or
RFP, the expense of all tests requested by CITY and or Program
Manager shall be borne by CITY and performed by a testing firm
chosen by CITY and or Program Manager. For road construction
projects the procedure 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 falls shall be paid 'for by
CONTRACTOR. Any testing the CITY and or Program Manager
request the Contractor to perform will be identified. in the Detailed
Scope of Work and the cost submitted in the Contractor's Price
Proposal.
49. •Project Sign:
49.1. Any • requirements for a project sign shall be as set forth In the •'•
Detailed Scope of Work and or Technical Specifications.
50. Hurricane Precautions:
• 50.1. • •.During such periods of time as are 'designated by the United States
Weather Bureau as being : a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the• Project site in response to all threatened
storm events, regardless of whether .the CITY and or Program
Manager has given notice of same.
50.2. C'oMpllance with any specific hurricane •warning or alert precautions •
• will not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the'•Project
site will be addressed by a Change Order in accordance with Section
37, General Conditions.
50.4. Suspension •of the Work caused by a threatened or actual • storm
.event, regardless of whether the CITY hasdirected 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: r 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 Page 107
copyrighi lb 2004 The OordlIn pinup
Project Manual
waste' materials and rubbish from arid about the Project as Weil as its
tools, construction equipment, :machinery and surplus materials. If
CONTRACTOR fails to clean up during the prosecution of the Work
Or at the completion of the Work, CITY may do so and the cost
thereof shall I be charged to CONTRACTOR. If a dispute arises
between CONTRACTOR and separate contractors as to their
responsibility for cleaning up', CITY may clean up and charge the cost
thereof • to the contractors responsible therefor as CITY and or
Program Manager shall determine to be just.
52: Removal of Equipment:
.52.1. in case of termination of this' Contract before' completion for any
cause whatever, CONTRACTOR, .if notified to do so by CITY, shall
promptly remove any part or all of. CONTRACTOR's 'equipment and
supplies from the property of CITY, failing which CITY shall have the
right to remove such equipment and supplies at the expense of
CONTRACTOR. . .
53. Nondiscrimination, •Equal Employment Opportunity, and Americans . with
Disabilities Act:
53.1: CONTRACTOR shall not 'unlawfully discriminate'against any person
in its operations and activities or In its use or expenditure of funds in
fulfilling its obligations under this Agreement. CONTRACTOR shall
• affirmatively comply with all applicable provisions of. the. Americans
with Disabilities Act (ADA) in the course of providing any services
funded by CITY, .including Titles I and 11 of the ADA (regarding
nondiscrimination on the basis of disability), •and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR
'.Shall take affirmative steps to ensure nondiscrimination in
employment against disabled persons.
_ 53.2. • CONTRACTOR's decisions regarding' the delivery of services under
this Agreement shall be made without regard to or consideration of
race, age, religion, color, gender, . sexual orientation, national origin,
marital status, physical or mental disability, political affiliation, or any
other factor, which cannot be lawfully used as a basis for service
delivery. .
53,3. .CONTRACTOR shall' not engage in or Commit any discriminatory
practice in violation of CITY of Miami Beach Ordinance .No. 92-2824
In performing any services pursuant to this Agreement.
. • .Page 108
City of Miami Beach
c p Ight02004ThaGordianOraup
March 2004
•
•
Project Manual
54. -Project Records:
54.1. CITY shall have the Tightto inspect and copy, at C1TY's expense, the
books and records and accounts of CONTRACTOR which relate in
,any way to the Project, and to any claim for additional compensation
made by CONTRACTOR, and to conduct an audit of the financial
and accounting records of CONTRACTOR which relate to the Project
and to any claim for ; additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and make available to
CITY all such books and records and accounts, financial or
'otherwise, which relate td the Project and to any claim for a period of
three (3) years following Final Completion of the Project. During the
Project and the three (3) year period following Final Completion of
the 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 Statutes, 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 be obtained from the
manufacturer. The MSDS must include the following Information:
55.2. The Chemical name arid 'the 'common name of the toxic substance.
55.3. The hazards or other risks in the use of the toxic substance,
Including: .
55.3.1, The potential for fire, explosion, Corrosion, and reaction; •
55.3.2. . The known acute: and chronic' health effects of risks from
. exposure, including • the .medical conditions which are
generally recognized as being aggravated by exposure to
• the toxic substance; and
55.3.3. The primary routes of entry and symptoms of
overexposure.: i . .
•
55.4. The proper precautions, handling practical, 'necessary 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.
55.8. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading
this information.
March 2004 City of Miami Beach Page 109
coping hi 0 20 4 ih• Go,dlan Group
' .:Project Manual
55.7. The year and month, if availab'Ie, that -the information was cornpiled
and the name, address, •and emergency telephone number of the
'manufacturer responsible far preparing the Information.
•
55.8. 'Asbestos:
• 55.8.1. THE CONTRACTOR IS WARNED THAT EXPOSURE TO
AIRBORNE ASBESTOS HAS BEEN ASSOCIATED WITH
POUR 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 otherpersons who become
indirectly exposed as a result of the exposed worker
bringing asbestos -laden work clothing home to be
laundered,
55.8.2. The Contractor i5 advised that friable and/or ,nonfriable
asbestos -containing material may be encountered in
area(s) where contract work is to be performed. Friable
asbestos containing material means any material that
contains more than pne percent asbestos by weight that
hand pressure can cfumble, pulverize or reduce to powder
when dry. Nonfriable asbestos -containing materials are
materials in which asbestos fibers ere bound by a matrix
material, saturant, Impregnant or coating. Nonfrlable
asbestos -Containing !materials do not normally release
airborne asbestos fiber during routine handling and end -
use. However, excessive fiber •concentrations may be
' produced during uncontrolled abrading, sanding, drilling,
cutting, machining, removal, demolition or other 'similar
• activities:
' f
65.8.3. Care must be taken' to avoid releasing or causing 'to be
released, asbestos fibers into 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
1926.55 gases, vapors, fumes, dusts and mists). The
Page 110
City of Miami Beach
copyrlpht.2001 The Gerylen Group
March 2004
.
. F
'Environmental Protection .Agency (EPA) has established
standards at 40' CFR 61.140-156 for the control of
asbestos emissions to the environment and the handling
and disposal of asbestos wastes. Additionally the'Florida
Occupational Safety and Health Administration standards
are applicable to this contract. •
55:8.4. Friable asbestos containing materlals -are riot 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, modification, 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 surveillance, respiratory protection,
industrial hygiene, and environmental protection
requirements of OSHA (29 CFR 1910.1001), EPA (40 CFR
• 61.140-156) and pA Circular 40-834, as applicable, shall
• be strictly followed.
56. Environmental Regulations:
•
56.1. • .,The CITY reserves the rightto'corisider a Bidder's history of citations
and/or violations of environmental regulations in investigating a
Bidder's responsibility, and' further reserves the right to declare a
. Bidder not responsible if :the history • of violations warrant such
.. determination in the opinion'of the CITY. Bidder shall submit with Its
Bid, a complete history of all citations and/or violations, notices and
• dispositions thereof. The ndn-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.
,Project Manual
March 2004
City of Miami Beach
ropy & O YO 4 The Gordian amp
Page 111
Project Manual
00900 SUPPLEMENTARY CONDITIONS
PAGE INTENTIONALLY LEFT iilLANK
Page 112
City of Miami Beach March 2004
copyright D 2004 Ths Gordian droop .
Project Manual
00923 STATEMENT OF COMPLIANCE
(DAVIS BACON ACT) • '
No. II. j " C`• 3/(„�t�
Contract No.
Project Title ,fit a
:The undersigned CONTRACTOR hereby swears under penalty of perjury that,
during the period covered by the application for payment to which this statement is
attached, all mechanics, laborers, and apprentices, employed or working on the site
of the Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by
: the Davis Bacon Act and the applicable conditions of the Contract.
Dated • - d r3 , 20�( •
STATE OF
COUNTY OF
) SS
,O,og ET)
rt
(Sign re)
• By \cf-7 \ OQ% Cif \R .
(Name a d Title)
Contactor
By
The foregoing instrument was acknowledged before me this 3:90 day
. of, .e 0 ' by 0 �C";zc.. \ r •f----, �"�C - C \ cc\( ... ,- who is
ersonally known to • e or who has produced as
identification and who did/did not take an oath.
WITNESS my hand and official seal, this c- day of
R�pq E. GANCHE2
Nobny Puh!'G - Matti at Florida
,ram Ur Cora krIn eviroi µay27,20U6
1;ommiHt1 n 0 D1112007S
ConfiadlP Nat;w101 Notary pawn.
My commission expires: 12r) bL
March 2004
A ,20 F:4/
()V.LUCA €J Ann
(Signature of person taking acknowled ent)
,(Name of officer taking acknowledgment)
(Serial number, if any) MI Cln0
City of Miami Beach • Page 113
CDpNiW(0 SON lfr Gordian Group
• Project Manual
DAVIS BACON WAGE DECISIONS AND ASSOCIATED INFORMATION
The prevailing .wage rates,:•GENERAL'DEGISION; PL20030001FL1, Superseded
.General Decision No. FL020001. January 23, 2004 by the Secretary of Labor State •
:Of Florida, with respect to the Job Order Contracts) 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 Cantradtor will be required to certify that all laborers and
mechanics engaged In the construction of the protect, including those employed by
the subcontractors, have been paid at least the wage rate required by the effective
wage decision, including all changes and additions on projects which are identified
• by the CITY as federally funded.
• The reference wage decisions will be in effect for tGvelve 02) months from the date
the Contract Is executed. Thereafter, if CITY executes an option to extend the
.Contract for an additional term(s) new wage decisions or modifications thereto will
be issued and effective for the next twelve months. The Contractor's adjustment
factors will be modified according to Article 6 of the JQC Supplemental General
Conditions.
-Page 114
City of Miami Beach March 2004
copyright C 2W4 The Gordian (Imp
ProJoct Manual
GENERAL DECISION: FL2003'00O1 01/23/2004 FL1
Date: January 23, 2004 •
General Decision Number: FL20030001 01/23/2004
• Superseded General Decision Number: FL020001
State: Florida
Construction Type:
BUILDING •
County:
Miami -Dade County in Florida.
BUILDING CONSTRUCTION PROJECTS'(doos not include singie family
homes and apartments up to and including four (4) stories)
0 06/13/2003
1 01/23/2004
•
ASBE0060-001 09/01/2002 • •
;Rates Fringes
•ASBESTOS WORRKER/HEAT'AND
FROST INSULATOR • $26.13 6.86
•ELEC0349-001 06/01/2002
ELECTRICIAN (Including Fire Alarm
• Installation): •
Electrical contracts including
'materials that are less than
$2, 000,000 .
•Electrical contracts including
• • materials that are over $2,000,000 $2 .96 4.304 8%
Rates Fringes
$20.50 4.30 + 8%
ELEV0071-001 11/01/2001
Rates • Fringes
ELEVATOR MECHANIC $25,285 7.455+A
FOOTNOTE FOR ELEVATOR CONSTRUCTORS:
A: Employer contributes 8% basic hourly rate for 5 years or
more of service or 8% basic hourly rate for6 months to 5 •
March 2004
City of Miami Beach Page 115
coarbM O 2004 The Gordian Group
Project'Manual •
years •of service as Vacation Pay Credit; Laid Holldaya:
New Year's Day; Memorial Day; Independence Day;
'Thanksgiving Day; Christmas Day, plus the Friday after
Thanksgiving.
• - ENGI0487-001 7/01/2002
Rated Fringes
POWER EQUIPMENT OPERATORS:
• Boom Truck Operator , $22,40 4.50
'.Crane (including Truck Crane) .$22.40 : 4.50
Crane 011er (Including Truck Crane) $16.15 • 4.50
•Prredrivers $22.40 4.50
-___.._---1---------_..______---____--------
I RON0272=00'1 04/01 /2003
IRONWORKERS:
.Ornamental
•"Reinforcing
Structural
Rates' Fringes' .
$19.75 4.70
$19.75 4.70
$19.75 4.70
PLUM0519-001. '03/16/2003 • . i
Rates' Fringes'
.: PLUMBER • . • $22.27 5.68
PLUMO725-001 07/16/2002
Rated Fringes
PIPEFITTER (including HVAC) $25.05 .6.50
.8FFL0821-001 01/01/2003
Rates' . Fringes •
' • ' SPRINKLER'FITTER $22.40 6.27
.. _ l-------------------------------------------------------------
S HEE0032-001.......08/12/2003
Rates' . Fringes
SHEET METAL WORKER
(Including HVAC duct work) • •$24.24 8.97
Page116
City of Miami Beach
oopyriph! 02034 The Gordian [iioup
March 2004
•
3 '
SUFL1999-001..... ..03104/1999
• Rates Fringes.
ACOUSTICAL TILE INSTALLER . $10.00 0.62
BRICKLAYERS/BLOCKLAYER $15.36
CARPENTER (Including Drywall
.Hanging and Batt Installation) $12.90 2.40 •
CARPET LAYER ,$14,25
' CEMENT MASONS/CONCRETE
FINISHER $14.50 3.15
DRYWALL FINISHER $12.50 .
GLAZIER . $13.05 2.42 .
LABORERS:
Pipelayers . • . $13.81
Plasterer Tenders : $10.09
Unskilled (Including Mason Tending) $8.70
PAINTER, BRUSH .$9,61
PLASTERER $15.05
POWER EQUIPMENT OPERATORS:
,Backhoe $15.71 2.85
Bulldozer . . $14.58 2.85
Concrete Pump operator . $14,78
Grader $15,93 2.85
Loader $15.04 2.85
.'Roller . ''$12.84 2.85
ROOFER $9,99
TILE SETTER $12.50 0.87
TRUCK DRIVER •$10.95 1,83
•
WELDERS = Receive rate'rescribod for creft performing
..operation to which welding is incidental, ;
Project Maival
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)(11)).
In the listing above, the "SU" designation means that rates ilsteo
.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.
March 2004 City of Miami Beach Page 117
copyright' 2004 The o«don Grow
•
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 forth a
• position on a wage determination matter
* a conformance (additional classification and rate) •
. . ruling
•
On survey ralated'matters, initial`contadt, Including requests
for summaries of surveys, should be with the Wage and
`Hour Regional Office for the area In which the survey was
conducted because those Regional Offices have
responsibility for the Davis -Bacon survey program. If the
response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
With'regard to any other'niatter 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
.200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) .If the answer to the question in 1,) is ye§, then an 'interested
party (those affected by the action) can' request review and
reconsideration from the Wage and Hau'r 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 March 2004
copyright 0 2•204 The Gordian Group
•
data, : project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the .deolsion .of the Administratdr is not favorable; an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor . •
•.200 Constitution Avenue, N. W.
• Washington, D. C. 20210
•
4.) Alf decisions by the Administrative Review Board are fiinai.
END OF GENERAL_ DECISION
3
•
Project Mantle!
March 2004 City of Mlami.Beach
copyright • 2O04 The Gordian Group
Page119
. Project Manual
.GENERAL DECISION: FL20030044 FL44
• °Daate: June 13, 2003
General Decision Number: FL20030044
Superseded `General Decision No. FL020044
State: Florida
. . Construction Type:
HIGHWAY
Cdu'nty(les):
DADE
• HIGHWAY CONSTRUCTION' i'ROJECTS(excIuding tunnels; tiuiiding structions In
rest areas projects, and railroad construction; bascule, suspension & spandrel arch
:bridges designed for commercial navigation; bridges involving marine construction;
other major bridges).
Modlfcation Number Publication Date
• 0 06/13/2003
COUNTY(les):
DADS
SUFL3009A 08/01/1993
Rates' Fringes
• BRICKLAYER/MASON . 11.00
CARPENTERS 11.72
. CONCRETE FINISHER • . 12.22
ELECTRICIAN .14.42
• FENCE ERECTOR 12.00
• FORM SETTER 10.52
GUARDRAIL ERECTOR 7.55
. LABORERS: .
Asphalt Raker . 8.23
Plpelayers 9.14
Unskilled .7.55
IRONWORKERS:
Reinforcing • • 13.52'
• Structural •14.65
• ' PAINTERS 11.62
Page 120
City of Miami Beach
copyright C 200411w Gordian Group
March 2004
.Project Manual
• POWER EQUIPMENT OPERATORS:
ATORS: :
Asphalt Distributor $ 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 9.68
Grademan . 7.64
Gradall 10,50
Guardrail Post Driver Operator • 10.75
Mechanic 12,00
Milling Machine • 8.71
Milling Machine Grade Checker 7.78
• Motor Grader 11.52
Mulching Machine . 7.75
Oiler, Grease Man . 12.21
Pavement Striping Machine 9.34
Pavement Striping Machine
Nozzleman 7.81
'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 Page 121
oepyrIcte 0 2G04 She Gerd kin (Loup
• • Project Manual
•TRAFFIC'SIGNALIZATION:
Installer
Mechanic
• TRUCK DRIVERS:
Low -Boy
Single & Multi -Rear Axie
. 861
• 11.47
8.63
8.05
'WELDERS = Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not' included within the
scope of the classifications listed may be added after award only as
provided in the labor standards contract clauses (29 CFR 5.5(a)
(1)(ii)).
In the fisting above, the "SU" designationwme'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 APPALS PROCESS
1.) Has there been an initial decisionrin 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 ciasslflcation and rate)
ruling •
Oh survey related matters, Initial contact, including requests
for summaries of surveys, should be with the Wage and
Hour Regional Office for the area in which the survey was
conducted because those Regional Offices have
"responsibility for the Davis -Bacon. survey ,program. If the
response from this initial contact is not satisfactory, then the
process described in 2.) and 3.) should be followed.
•
Page 122
City of Miami Beach March 2004
copyright 0 2004 The Gentian Group
•
Project Manual
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 Cbnstructlan Wage Deterrninations
Wage and Hour Division •
- U. S. Department of Labor •
200 Constitution Avenue, N. W.
Washington, D. C. 20210
' 2.) . If the ansWer to.the question in 1.) IS 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 Haiti- 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 pajiment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
- interested party 'may appeal directly to the Administrative
Review Board (forrnerty the Wage Appeals Board). Write to:
•
Administrative Review Board
U. S. Department of Labor
.200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL bECiSION
March 2004 City of Miami Beach Page 123
copyright. 2004 the Gordian Oroup
•iti`w.j.. ai;.ie�0 : 1 ' i0'St"'70.,'.;•:.•':. .
i
• ' .project Manual •
•
• 1 0092. • CERTIFICATE Orr SUBSYANTIAL COMPLETION • .
• PROJECT: , . CITY AND OR
(name, address) 'PROGRAM MANAGER: •
BID/CONTRACT NUMBER: .
TO (CITY): CONTRACTOR:.
PROJECT NUMBER:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
. PROJECT OR DESIGNATED PORTION SHALL. INCLUDE:
The Work 'performed under this • Contract has been reviewed and found to be
substantially complete • and all documents • required to be submitted by
• CONTRACTOR under the. Contract Documents have been received and accepted.
The Date of Substantial Completion of the Protect or portion thereof designated
above' Is hereby established as . ... (date), which is also the date of
' commencement of applicable warranties required by the Contract Documents,
. except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
•
The Date of Substantial 'Completion of the Work or portion thereof designated
by CITY is the date certified by CITY and or. Program Manager when all
Conditions and requirements of permits' and regulatory agencies have been •
• satisfied and the Work is sufficiently complete In accordance with the Contract
Documents, so the Project is available for beneficial occupancy by CITY. A
Certificate of Occupancy must be issued for Substantial Completion to be
achieved, however, the Issuance of a Certificate of Occupancy or the date
thereof is not to be determinative of the achievement or date of Substantial
Completion.
Page 124
City of Miami Basch March 2004
• copyright 0 2004 The Gordian Ciraup
•Protect Manua!
List .of items to. be completed or corrected, prepared by CITY and or Program
Manager, is attached hereto. The failure to Include any items on such list does not
alter the responsibility of CONTRACTOR to complete all work In accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
City andlor Program Manager By Date
•
•
In accordance with Section 2.2 Of the IContract, CONTRACTOR will corinplete 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
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession
thereof at • (time) on (date).
City of Miami Beach; Florida
By Contract Administrator Date
The responsibilities .of CITY and CONTRACTOR 'for security, maintenance, heat,
utilities, damage to the work and insurance.shall be as follows:
r
March 2004
City of Miami Beach
copyright m 2034 The Gordten Gioup
Page 125
Project Manual
'0092E :FINAL O t:M CATE OF 'PAYMENT
PROJECT: .
TO (CITY):
CITY AND OR
(name, address) PROGRAM MANAGER:
BID/CONTRACT NUMBER:
CONTRACTOR:
PROJECT NUMBER' . • .
NOTICE TO PROCEED DATE:'.
DATE OF ISSUANCE:
.All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 6.2 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 the Contract Administrator,
accepts the work as fully complete and will assume full possession thereof at
(time) (date).
• ' CITY of Miami Beach, Florida •
By Contract Administrator Date
Page126
City of Miami Beach
copyright * 2m4 mi oordlan Group
March 2004
•
•
•
•
•
•
Project Manual
.00930 FrURM OF FINIAL 'RECEIPT
fhe foilowing 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 ` .
Donate ($ ) as full and final payment to CONTRACTOR for
all Mirk and materials for the Project described as:
. This sum includes full and final payment' for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all Ilene and
claims whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that ail persons' .doing work upon or
furnishing materials or supplies far the Protect have been paid in fuli. In Ileu of this
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 imposed by Chapter 212,
Florida Statutes (Sales and Use Tax Act), as amended, have been paid and
• discharged.
[ if incorporated sign below.]
CONTRACTOR
ATTEST:
Secretary
(CORPORATE SEAL)
By
Name
Title
Date:
March 2004
City of Miami Beach
copyright 0 2004 She Gordian Group
Page127
•
Project INanua�
Pi riot'In'corporated sign below.]
CONTRACTOR
WITNESSES:
Name
By
Date:
Page 128
City of Miami Beach March 2004
copyright 0 20W The Gordian Group
•
Project Manual
01000 ADDENLIA.AND.MODIFICA?IDNS•
All cddenda and other modifications made' prior to the time and date of bid
opening shall be Issued as separate documents Identified as changes to the
'Contract Documents..
March 2004
City of Mlaml Beach
copyright 0 2004 the Gordian (croup
Page 129