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Home My WebLink AboutGordian Group Project Manual 7• • • • • ARTICLE1 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 PrOjcct Manual TABLE OF CONTENTS FOR THE • JOC'SUPPLEMENT AL 'G'ENERAL CONDITIONS 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 ARTICLE 16 . . CITY FURNISHED EQUIPMENT/MATERIALS 146 • . .ARTICLE 17 SALVAGE AND SALVAGE DISPOSAL ., 146 ARTICLE 18 WORK BY OTHERS HIRED OR EMPLOYED BY THE CITY.,146 :ARTICLE 19 LIQUIDATED DAMAGES ARTICLE 20 : REQUESTS FOR INFORMATION OR APPROVAL - ARTICLE 21 • .CONTRACT ADMINISTRATOR •. ARTICLE 22 • THE PROJECT COORDINATOR/PROGRAM MANAGER •.: ARTICLE 23 • THE INSPECTOR . ' ARTICLE 24 .SITE PREPARATION AND CLEANUP .ARTICLE 25 .ON -SITE STORAGE • .ARTICLE 26 DISRUPTION OF COMMUNITY ACTIVITIES ARTICLE 27 TRUCKING ARTICLE 28 • • EXISTING ELEVATORS ARTICLE 29 CONSTRUCTION ELEVATORS, ETC. ARTICLE 30 • ACCESS TO BUILDINGS AND SECURITY ARTICLE 31 EQUIPMENT AND FURNITURE . January 2004 146 147 147 148 149 149 • 149 150 150 150 150 151 151 City of Miami Beach oopyripht 020041!n Oordlan Group Pagel • • • • Project Mantis! • ARTICLE 32 • :ARTICLE 33 • ARTICLE 34 .ARTICLE 35 • ARTICLE 36 ARTICLE 37 :ARTICLE 88 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 • , - 155 • EXPLOSIVES AND BLASTING 156 CUTTING AND PATCHING 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 • : 1.62 ENERGY CONSERVATION 163 INTERGOVERNMENTAL PURCHASING AGREEMENT 163 COMPUTER REQUIREMENTS 163 CITY FURNISHED SOFTWARE 164 COMMUNICATIONS 164 .Pagell City of Miami Beach January 2004 oapyripht C2�4 Me Gordian Group Project Manual `b2obo JOC SUPPLEIVIENTAL-CONDITIONS ARTICLE 1 • 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 agreements, either written or oral including the bidding documents, 1.2. The Contract Documents shall include: • VOLUME I: 'Project Manual VOLUME Ile: Construction Task Catalog VOLUME Ilb:. Construction Task Catalog VOLUME !Ile: Technical Specifications VOLUME lllb: Technical Specifications VOLUME I11c: Technical Specifications 1.3. Overview of the Contract ' 1.31: Job Order Contact (JOC)' is a competitively bld, firm -fixed -price" indefinite quantity contract. : It Includes a collection of detailed repair .and construction tasks and specifications that have established unit prices. It Is placed with a • Contractor for the accomplishment of 'repair, alteration, modernization, rehabilitation, construction, etc., of buildings, structures, .or other real property. Ordering is accomplished by means of issuance of a Job Order against the Contract. Under the JOC concept, the 'Contractor furnishes management, labor, . materials, equipmeht and architectural ,and engineering services required to support individual Job Orders. 1.3.3. The JOC contract iricludes a Construction1 Task Catalog (CTC). The ..CTC was developed by the CITY and is based on the use of experienced .labor and high quality materials. The CTC also incorporates local activity, climate and geographic features. 1.3.4. Bidders will' Offer (2) sets of adjustment factors that will 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 copyright C 2004 Ns Gordlai Group .Project Manua, 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. .1.3.6. '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 time of Contract award. • . These tasks are referred to as "Non Pre -priced items". Non Pre - .priced (NPP) itemsmay require the establishment of specifications and drawings and may subsequently be incorporated into the CTC. ARTICLE INTERPREtATtON OF THE CONTRACT 'DOCUMENT'S 2.1 Upon its overt 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 oireoted at the Contractor unless otherwise stated. • 2.3. The organization of the Contract Documents Into Construction Specifications Institute ("CSl") divisions, sections, and articles, and the arrangement of brawings 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 J'OC Project Manual Including the JOC •Suppiemental 'Conditions shall apply to all contracts or subcontracts for the work covered by these specifications. 2.5. The •wcrk 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 Agre• ement; and any appeals arising. there from, the prevailing party shall be entitled to recover from the other paity its reasonable attorneys' fees, costs and expenses. • Page 134 City of Miami Beach copyright 2014 fie Goralwn amp March 2004 Fikrojoct Manual ' ARTICLE 3 ' CONTRACT PERFORMANCE PERIOD ' 3.1: • The. Contract performance period' IS twelve (12) months from ethe date of ' award of the Contract or the achievement of the Maximum Contract Term • Value of $2,000,000 for 12.03/04 and 13.03/04 and $5,000,000 for 14-03/04. The CITY shall have the option to extend the term of each Contract for four additional Contract Terms of twelve (12) months each. The total Contract 'Performance period shall not exceed twelve (12) months each. The total Contract Performance period shall not extend beyond sixty (60) months. Job Orders placed prior to, :but not completed by the expiration of this Contract, will be completed with all provisions of this Contract still in force. 3.2. A Job Order Completion Time`for each Job Order issued under thls Contract• ' will be determined In accordance with Article 12-Ordering Procedures. 3.3. CITY is entitled to end exports full `cont'ract performance 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 fXTENb'CONTRACT PERFORMANCE • ' 4.1. CITY may riot extend any individual'JOC contract tern beyond orie (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 terni when it eXpires after one (1) year, CITY shall carry any unused value over to any additional Contract terms. • ARTICLE 5 . OPTJON TO UNILATERALLY EXTEND CONTRACT ' • 5.1. . The Contract '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 extension' shall be aceohnplished 'prior to current'expiratioh date. ..Actual extension to contract. shall be accomplished by written notification. 5.1.3 The total duration of this Contract, including 'tile exercising of the - option terms, shall not exceed five (5) years. March 2004 City of Miami Beach oopydghl 0 2W4 The Gordian Group Page 135 • , Project Manua ARTICLE'S . .ECONOMIC • PRICE .ADJUSTMENT (APPLICABLE TO THE OPTION PERIODS ONLY) 8.1. This •Article provides a means to adjusf the Contractor's Adjustment Factors on an annual basis from the date of the Contract award using actuai escalation/de-escalation as measured by the Construction •Cost Index (CCI) • published in the ENR (formally known as Engineering News Record) Calculated for the U.S. Twenty (20) City Index. . - • 6.2. ' The "original Adjustment Factors'' are 'those • Adjustment Eactets 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 fel-the purposes of this provision is the 12-month period prior to the Contract. award. The "base year • index" is determined by summing themonthiy 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 paned following the Initial 'Contract award, : The "contract year Index" is determined by summing the monthly CCI indices for the 'initial 12-month contract period and dividing by 12.. The result is the .• average CCI for the "contract year." 6.5; '• The Economic • Price Adjustrent • for'. months 13-24 of the .Contract. is deterrnined 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. • • . All the above computations shall be carried to five •(5) decimal places and • then rounded to four (4) decimal places. Rounding of numbers. shall be • accomplished by increasing the fourth decimal place If the fifth decimal is equal to five or greater. If the fifth decimal place is equal to four or Tess, the fourth decimal shall remain unchanged. ARTICLE 7 • SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 7.1. • The CITY is not required to furnish drawings dr additional specifications for Job Orders issued under this contract. The CITY may, however, choose to • Page 136 City of Miami Beach ,00pright 0 2034 The Gordian Group ' March 2004 Project -Manual do so. if CITY provides such drawings and additional .specifications the provision fisted below shall apply. 7.2. In case'of conflict 5etween 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 UVORK •8.1. The Work to be performed by the iCantractor in connection with 'each Job Order will be described In the Detailed Scope of Work issued with each . Request for Proposal. • 8.2. . Unless otherwise expressly provided in a Job Order, the Work Must be performed in accordance with the best, modern 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. : In case standards .for materials and operations are riot 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. • ARTICLE 9 MEANS ANb'METHobs OF CONSTRUCTION. 9.1. .The Means and Methods of Construction shalf•be'such as the Contractor may choose; subject, however, to the City's right to reject means and methods proposed by the Contractor that: • 9.1.1. Will constitute or create a 'hazard to the Work, or to persons or property; or 9.1.2. . Will not produce finished' Work In accordance with the terms of the Contract; or March 2004 City of Miami Beach copyright92604 The Gatlin Group Page137 Project Manual 9.1.3. Unnecessarily increase the price of the Job Order when alternative means and methods are available. 9.2. The Clty's approval of'the Contractor's' Means arid Methods of Construction; Or its failure to exercise its right to reject such means or methods, shall not 'relieve the Contractor of its obligation'to-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 CONTRACTolVS STAFF 10.1. General:' The Contractor shall, immediately upon receiving a fully executed .copy of this Contract, assign and maintain during the term of this Contract • and any extension of it, 5rn adequate staff of competent personnel who are fully equipped, licensed as appropriate,I qualified and assigned exclusively to ' perform the Work The Contractor ;shall provide the .CITY with the qualifications of the individuals who will'serve in those positions listed below. . The minimum experience of each individual below shall be at feast. five (5) . . years. • . 10:2, • At a minimum, the Contractor shall have at 'all times a Project Manager, • Estimator and Superintendent assigned to this Contract. Additional staff shall be assigned depending on the volume of Work. The Contractor shall be . . `responsible for managing, supervising and directing its Subcontractors. • '.1 o.3. Should the 'CITY 'deem. the . performance of any employees 'of the Contractor • • ,• unsatisfactory, the Contractor shall terminate the Involvement of such -employees In ali'areas of Contract performance. ARTICLE 'i 1 • •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 copyright C 2 W 4 the Gordian Group • • Project Manual 11.2.. The Contractor shall assure that .a 'journeyperson, foreporson, master,••etc., as appropriate, who is capable of directing the Work, performs or supervises all required Work or services. • 11.3.. Conditions which 'require the constant presence of a CITYf Inspe'ctor to assure :the quality of the work will not be tolerated. Any worker who does not . produce quality workmanship through lack of cooperation or Incompetence • shall be promptly removed from the job upon written order by the CITY. The • judge of quality of workmanship shall be solely determined by the CITY. 11.4. On 'any 'Federally Funded projects the Davis�Bacen Act standard rules apply' • . to this contract. ARTICLE 12 . ' ORDERING WORK • 12.1. Initiation' of a Jab Order 12.1.1'. As the need exists for performance by the Contractor under the terms • of this Contract, the CITY will notify the Contractor of a Joint Scope • • Meeting. . 12.2. .Upon this notice, the Contractor Shall respond to the needs' of CITY within twc • (2) working days by: . 12.2.1..Estabiishfng verbbal contact With CITY to further define the scope of the requirement, and . 12.2.2. Visiting the proposed work' situ •• in the company 4f '.a CITY • representative, -and participating In a •Joint Sdcipe meeting which will include discussion and establishment of the following: project number and title the detailed scope of the Work existing site'conditions . methods and alternatives for accomplishing the Work access to the Site and protocol for 'adn Ission hours of 'Operation staging. area requirements for catalog cuts, technical data, 'Samples 'and Shop Drawings . . requirements•for engineering and architectural services including sketches, Drawings, 'Specitic`atians, and as=builts March 2004 City of Miami Beach o ydehtO2C0iTheGoidien@oup Page139 • project Manual Preliminary'quantityestihiates the applicable Wage Decision for Federally'Funded Objects constructionduration liquidated damages • Specific quality requirements for equipment and material the presence of hazardous materials 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 .petalled Scope of Work, together with a tentative .schedule, any sketches, Drawings and Specifications required to adequately document the Work to be accomplished. The Detailed Scope 'of Work, unless modified by both the .'Contractor and the CITY, will be the' basis on which:the Contractor will develop its Job Order Price Proposal and the CITY will evaluate the Job • Order Price Proposal. . . 12.4. 'Upon' completion of the joint scope meeting and the Detailed Scope of Work the CITY will issue a Request For Proposal (RFP) which requires the •Contractor prepare a price proposal for' the work under consideration by the date indicated on the'RFP. 12.5. The •Contractor will prepare the Job Order Price Proposal in accordance with the following: • • 12.5.1. Pre -priced work requirements. i Pre priced work' requirements will identify the type and number of work units required from the Volume II Construction Task Catalog. The price 'per unit set forth in the Construction Task Catalog :shell serve as the base price for the purpose of the' operation of this provision. The Contractors 'Job Order Price Proposal shall include support documentation to indicate that adequate engineering and planning for the requirement has been 'done, and that the work units proposed are'reasonable for the tasks • to be performed. Documentation to be submitted with the Job Order Price Proposal shall Include;. but not be limited to, drawings, . calculations, catalog tuts, r • specifications, and architectural . . renderings. • 12.5.2. Non Pre -priced Work Requirements: Unite of work not included in the • - Construction Task Catalog but within the general scope and intent of this Contract may be incorporated into this Contract as needs arise. Such work requirements shall be incorporated Into and made a part of this•Contrac1 for the Job Order to which they pertain, and may be Incorporated into the Construction Task Catalog if determined . Page 140 City of Miami Beach copyright 0= 04 The (Urchin Group March 2004 ..Project Manual appropriate' by CITY at the'b'ase price deterinined in this •provislon. • • 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 ilnilted to, the following: • 12.5.2.1. Complete•speclfications and technical data,. including work unit content, support drawings, work task cost data, quality control and Inspection requirements. 12.5.2.2: Work schedule. E 12.5.2.3. Costing data, submitted In support of Non Pre -priced Tasks shall include a °cost analysis report, establishing the basis for selecting the approach proposed for accomplishment of ' 1 the requirements. :Unless otherwise directed by the CITY, . 'costing data will' .be .•subrrmltted 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 sutirnitted for Non Pre -priced Tasks shall be 'according to the following formula: 'A Direct Labor Coal .(up through' 'this-foreniari level and . .including fringe benefits) B Direct MaterialCosts'(supported by quotes) • ' = Direct Equiptent Costs (supported by equlprrient amortization data) . = Subcontractor Costs (supported by quotes) E m Allowable Over Head Caste ='A x 55% i= Allowable Profit= (A+B+C)x 1'd% G = Subcontractor Allowance =•D x•1 O% '_Total Cost of Non Pre -Prided Task B + C 1,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 setf-performed by Subcontractor's. March 2004 City of Miami Beach Page 141 copyright 0 2004 The Gordian Group • Project Manuel., • 12.5.2.5. Following 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. • 12.5.2.5. 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' adjustment'factor of 1.0000.' 12.5.2.7. After using a •non p'e-priced item 'on 'three separate Job • Orders, the CITY reserves the right'to include'the unit price • for the work item es a pre -priced item into the CTC which would become a 'permanent Item •and no longer require price Justification. • 12.5:3. The Contractor'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, techticJal data orsarnpies 'required 12.5.3.5. • List of antiofpated'Sub'contractors 'and Materlalmen 12.5.3.5. Construction schedule; • 12:5.3.7. Certificates for any special insurance required; 12.5.3.8. Sample warrantles or guarantees for 'materials, equipment or systems proposed; • 12.5.3:9 Schedule of Values If'required. 12.5.4. The 'Corifracter'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 iio longer than five • (5) working days after the issuance of the RFP. The CITY may allow 'additional time for preparation ,of the Contractor's Job Order Price Proposal for complex Job Orders requiring engineering/architectural drawings and approvals and permits, Allowance' will be made to provide adequate time for preparation and submittal of the necessary documents and the Job Order Price Proposal and so reflected In the Job Order Price Proposal due date entered on the RFP. In 'emergency work situations and minor maintenance and repair Job Orders requiring immediate completion, the Contractor's Job Order Page 142 City of Miami Beach March 2004 copyright C 2001 The Gordian Group • •' Project Manual Price Proposal May be required quickly and the due date Wii! be so indicated on the RFP, •12:6.Reviewof the Job Order Price Prbposar and Issuance of Job Order 12.6.1. The CITY shall evacuate the entire Job •Order Price' Proposal and proposed tasks and compare these with the CITY'S cost estimate of 'the Detailed Scope ,of Work to determine the reasonableness of :approach, including the nature and quantity of tasks proposed. 12.6.2. • CITY reserves the right to reject a Contractor Job Order Price Proposal based on • unjustifiable quantities, performance periods, • inadequate documentation, or other inconsistencies on the Contractor's part, or for any other reason. ,CITY also reserves' the right to not award an order If CIty's requirement is no longer valid or the proposed cost exceeds 'CITY estimate. In these instances, the Contractor has no right of claim to recoup Job Order Price Proposal expenses. The CITY may pursue the performance of such Work by • Other means. . 12.6.3 By submitting a signed Job Order Price Proposal to the CITY, the , . 'Contractor agrees to accomplish the Work set forth in the Detailed • Scope of Work in accordance with the • Request for Proposal at the price submitted. It is the Contractor's responsibility to include the • necessary tasks and quantities In the Job Order Price Proposal prior • to delivering it to the CITY. , • 12.6.4 Each Job Order .provided ' to the 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, ' 12.6.5. • In the' event that Immediate •erfergency 'response is necessary the Contractor shall be required' 'to follow alternative procedures as •. established by the CITY. i 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 accordance with the CTC and Non Pre -priced Tasks as if the Work had been ordered under the standard procedures. 12.6.6. If the City finds Inconsistencies with. the Contractors Price Proposal • the CITY may request the Contractor to re -submit its Price Proposal or cancel the Job Order.. If the Contractor consistently submits Price .March 2004 City of Miami Beach ccpyrlght 0 2034 'Ma Gordian Group Page 143 :Pr'oject'Manual . proposal's which are rejected blithe 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 •Contractor's Price Proposal and an . agreement has been reached as to the nature of the' revisions; if any, the Contractor is not allowed to make any changes to the revised Price Proposal other than the changes agreed to. :.AI TiGLE 13 CONTR CCTbRS' RE5PONSIBILITY TO 'BECOME ' FAMILIAR' WITH THE WORK • ; . 13',1. . The Contractor Is 'required to. inspect the 'site of the work of each Job Order -and to examine and become familiar with. the Detailed Scope of Work, plans, specifications and all other contract documents pertaining to the proposed work. The submission of a •Job Order Price Proposal shall be sufficient to establish the presumption that the Contractor has•investigated the site of the • work and is satisfied as to all reasonable conditions to be encountered, ' :quantity and quality of the work to be performed and materials furnished in • the completion thereof. Unless' otherwise directed, CITY will' furnish subsurface it forrnatian ..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 prices established in the bid or agreement, as appropriate.. . • • '13.3: • .Contraotoris required to examine'and be familiar 'with existing contracts. and 'Work being constructed. ARTICLE 14 MEASUREMEN`1`S TO BE VERIFIED 14.1. Before ordering any material -or doing arty Work,•the Contractor shall verify all measurements at the site of a specific. Job Order, and shall be responsible for the correctness of same. No extra charge or compensation will be allowed on account of difference between actual dimensions and the measurements Indicated in the RFP. Any difference,which may be found, shall be submitted to CITY for consideration before proceeding with the work. ARTICLE 15 FINAL ;INSPECTION, ACCEPTANCE AND .JOB ORDER COMPLETION 15.1. Contractor's Punch List • Page144 City of Miami Beach March 2004 . oopv Igt O 2004 The Gordian Group • • • Project Manual • 15.1:1. When the Work is near completion,' the Contractor, CITY and or .• Program Manager shall Inspect the Work and the Contractor shall prepare a list of ali items remaining on the Work prior to final completion. Said list shall be known as theContractor's Punch List. • 15.1.2. The Contractor shall' proceed to complete or correct 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 submit'the signed Contractor's Punch list to''the CITY and or Program Manager with a request for a Final inspection • of the Work. 15.2 The CITY's Punch List' 15.2:1. Upon receipt of the •Contractoes'.request, the CITY and or 'Program • • Manager shall conduct a Final Inspection to determine whether the • Work compiles with the Contract Documents. • .16.2.2. At the conclusion Of the. Final' Inspection, the CITY and or'•Prdgram . • Manager shall notify the Contractor of any terns 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 odes •hot complete the items on the Owner's Plinth • • . •List within 10 days of receipt of the Owner's Punch List, the provision • In Article 15 of the General Conditions may be invoked. 15:3.3. • if the Work 'On .the City's'Ptlnch List.canndt be'carripieted within the . staled 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 'theCITY'and 'or Program Manager to'include any Item on the City's Punch List shall not alter the responsibility of the Contractor to complete ail the Work in accordance with the Contract Documents. 15.4.' .Items discovered after the original PunchList which are part of the Job Order Shall be completed under warranty and within 10 days of notlflcation.to the Contractor. . March 2004 City of Miami Beach copyrgh, 0 2 The Oddlan Croup Page 145