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Project Manual
• Circular 570, 'Current kevislans. If the amount of the Bond
exceeds the underwriting limItatiOn set forth in the circular,
In order to qualify, the net retention of the surety company
shall not exceed the underwriting limitation in the circular,
and the excess risksmust 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 has been protected in an acceptable
•manner. •
•
5.1.3. The CITY will accept a surety bond frorn a company with a
rating of B+ or better'for bonds up to $2 million, provided,
however, that if any surety company appears on the watch
• list that is published quarterly by Intercom of the Office of
the Florida Insurance'Commissioner, the CITY shall review
and either accept or reject the surety company based on
the financial information available to the CITY. _A surety
company that Is rejected by the CITY may be substituted
by the Bidder or !proposer with a surety company
acceptable to the' CITY, only if the bid amount does not
increase. The following sets forth, . in general, the
acceptable' parameters for bonds: •
Policy- • Financial
holder's • Size
• Amount of Bond • Retinas Category
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 •13+ • Class II
2,000,001 to 5,000,000 A • Class III
• 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. • • indernnification:
• 6.1. CONTRACTOR shall indoMnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses,
and costs, including, but not limited to reasonable attorneys fees, to
the extent caused by the negligence, recklessness or intentional
wrongful misconduct of CONTRACTOR and persons employed or
utilized by CONTRACTOR in he performance of this Agreement.
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Except as specifically .provided herein, this Agreement does not
require CONTRACTOR to indemnify CITY, ita 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
• against 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 CONTRACTOR to
defend at Its own expense to and through'appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's •
option, any and all claims of liability and all suits and actions of every
name and description covered by Section 6.1 above which may be
brought against CITY whether performed by CONTRACTOR, or
.persons employed or utilized by CONTRACTOR.
7. Insurance Requirements:
7.1. Without limiting any of the other obligationsor liabilities • of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain
. in force until all of its work to be performed under this Contract has
been completed and accepted by CITY (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 pf Florida and all applicable federal laws.
In addition, the poiicy(ies) must Include:
. Employers' Liability with,' a limit of $500.000 each.
accident, : .
7.1.1,2. If any operations•are 'to be undertaken on or about
navigable waters, coverage must be included for
the U.S. ; 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 ;Injury 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:
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7.1.2.1. Premises and/or Operations.
7.1.2.2. Independent Oontractors.
7.1.2.3, Products : and/or' Completed Operations fo'r
contracts over Fifty Thousand Dollars
.($50,000,00) ' 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. ExpiosIon,. Collapse and Underground Coverages.
.7.1.2,5, Broad Form Property Damage.
7.1.2.6; Broad Form Coritractuaf 'Coverage applicable to
this specific Contract, Including any hold harmless
and/or Indemnification agreement,
7.1.2.7. ,Personal inj'ury 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 included'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 Nen-Owned Vehicles.
7.1.3.3. •Employers' Non -Ownership.
7:2. • if the initial insurance expires prior to the completion of the work,
renewal copies of policies shall be furnished at least thirty (30) days
prior to the date of their expiration,
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7.3. • Notice of Cancellation and/or Restriction —The pollcy(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 CITY's' RiskManager Certificates
of Insurance or endorsements evidencing the insurance coverage
specified above within fifteen (15) calendar daysafter notification of.
award of the Contract. The required Certificates of Insurance shall
name the types of policies provided, refer specifically to this Contract,
.and state That such insurance is as required by this Contract. The
'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 Bond: It is further mutually agreed
between the parties hereto that if, at any time, the CITY shall deem
the surety or sureties upon :any bond to be unsatisfactory, or If, for
any reason, such bond (because of increases In the work or
othen./vise) 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. There 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 payments to 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
form •satisfactory to the Board.
7.7. Professional 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 'Architect/Engineer of record withpolicy
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, labor, water, tools, equipment, light, power,
transportation and other facilities and services necessary for the
proper execution and completion of the Work, whether temporary or
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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 Project any unfit person or anyone not
skilled In the work to which theyare assigned.
9. • Royaltiesand Patents:
9.1. . All fees, royalties, and ..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.
• 10. Weather:
•
10.1. Extensions to•the Contract Time for delays 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 work at .least fifty percent
(50%) of the normal work day on controlling items of work
identified on the accepted schedule or updates due to
adverse weather conditions; or
10.1.2: CONTRACTOR must make major repair, . 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 percent (50%) of the normal
.workday on controlling items of work identified on the
accepted schedule 'or updates.
11. Perrhits, Licenses and Impact pees: -
11.1. .Except as otherwise provided within the • JOC Supplemental
Conditions, ail permits and licenses required by federal, 'state or local
laws, rules and regulations necessary for the prosecution of the Work
• undertaken by CONTRACTOR pursuant to this Contract shall be
secured and paid for by CONTRACTOR. 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 -
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priced task with no marked-ops. The cost for obtaining the 'Permits is
to be included in the Contractor's Adjustment Factor. It is
Contractor's responsibility 1 to have and ,maintain appropriate
Certificate(s) of Competency, valid for the Work io 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 be
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. .Resolution•of Disputes: •
.12.1. To prevent all 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 eictent provided In Section
12.2. Any claim, question", difficulty •or dispute which cannot be
resolved by mutual agreement of CITY and CONTRACTOR shall be
submitted to Contract Administrator in writing within twenty-one (21)
calendar days. Unless a different period of time Is 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 allowthe 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. In the •event the determination Of a dispute under this Article is
unacceptable to . either party hereto, the party objecting to the
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determination must notify the other party in "wilting 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 sixty (60) days after Final
Completion of the Work, the.perties shall participate In mediation to
address all 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
Mediation, the parties retain :all their legal rights . and remedies
provided under State law. A patty objecting to a • determination
:Specifically waives all of its .rights provided hereunder, including its
'rights and remedies under State law, if said party falls 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 Contra Documents, CITY and or Progreni
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 CITY, . timely notice shall be given of the date
fixed 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 Program 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-examination of any of the Work may be ordered by the
• CITY and or Program Manager with prior written approval
. by the Contract Adninistrator, 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 shall pay the cost of reexamination and replacement
by means of a Change Order. If such Work is not in
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accordance With the Contract Documents, CONTRACTOR
shall pay such .cost.
13.2. Inspectors Shall .have noauthorityto permit deviations from, nor to
relax any of the provisions of, the .Contract Documents nor to delay
the Contract by failure to l inspect the materials and work with
reasonable promptness without the written permission or instruction
• of the CITY and or Program Manager.
,
13.3. The payMent Of any tqrriPiatisation, whatever rriay be its character or
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 or( May be given through Program Manager, 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 hems .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% superintendent shall record, at a Minimurn,
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, labor, 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
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encountered;• and the'time. of termination• of work for the day. • All .
information shall 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 Administrator, 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. iif CONTRACTOR, In the course of prosecuting •the Work, finds any
discrepancy between the Contract Documents and the physical •
. • conditions of the locality, oranyerrors,timissions, or discrepancies in
the Project Manual, it shalt be CONTRACTOR's duty to immediately
Inform the CITY and or Prografn Manager, in writing, and the CITY
:and or Program Manager will promptly review the same. Any' work •
'done after such •discovery, ;until authorized, • will be done at
CONTRACTOR'S sole risk.
14.5. CONTRACTOR shall.sdpervisearid direct the Wbrk•competently 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 responsibie for the means, methods; techniques, sequences
and procedures of construction.
15.. CITY's Right to Terrnlnate Contract:
15.1. If CONTRACTOR fails to begirt` 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 fair 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 Administrator may give notice in writing to CONTRACTOR
and its Surety of such delay, neglect or default, specifying the same.
If CONTRACTOR, within a period of five (5) calendar days after such
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notice, shell not 'proceed:. in' accordahce 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 and 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% sole opinion
shall be required for the completion of the Project according to the
terms and provisloris 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. All damages,
costs and charges 'incurred by CITY, together with the costs of
completing the Project, shall be deducted from any monies due or
which may becorne 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 otermination of COIJTF AC fTOR'S right to proceed, It is
determined for any reason that CONTRACTOR was not In default,
the rights and .obligations of CITY and CONTRACTOR shall be the
tame as if the notice of terfl lnation had been issued pursuant to the
Termination for Convenience clause as set forth In Section 15.3
below.
. 15.3. This' Contract may -be terminated for' convenience in writing by CITY
upon ten (10) days written • notice to CONTRACTOR (delivered by
certified mall, 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 treasonable • profit for work/services
'satisfactorily performed. • No 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
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otherwise make available to CITY :all data, drawings;
specifications, .reports,' estimates, . summaries and such other
Information as may have been `required by the Contract Documents
.,whether completed or in process.'
CONTRACTOR'S Right to Stop Work or Terminate Contract:
18:1. Should CITY and or Program Manager fail to reviewand approve or
state in writing reasons for non -approval of any Application for
Payment within twenty (20) days after it is presented, 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 thls 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 Contractor any subcontract 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 previous written consent of the Mayor and
' CITY Commission.
18. Rights of Various interests: •
18.1. 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 Adrninistrator.to secure the completion of
the various portions of the work in general harrnony..
19. Differing Site Conditions:'
19:1. , in the event that during the course of the Work CONTRACTOR
encounters subsurface or concealed conditions at the Project site
which differ materially from those shown on the Contract Documents
and or the Detailed Scope of Work and from those ordinarily
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'encountered and generally recognized as inherent in work of the
character called for inrthe Contract Documents; or unknown•physicai
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 disturbing'the conditions and
before performing any work affected by such' conditions, 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 condltlons 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 accordance 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 CONTRAC1`O> for 'an :equitable adjustment to the
Contract under this provision shall be allowed unless CONTRACTOR
has given written notice •in strict 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. • rPlans 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
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between the written and 'graphic portions' of the Detailed Scope of '•
Work, the written portion shall govern,
21: CONTRACTOR to Check Plans, Speclflcations and Data:
21.1. CONTRACTOR shall verify' all dimensions; quantities and details
. shown on the plans, speciflcations'or other data received from CITY
. • and or Program Manager, and shall notify CITY and or Program
• Manager of all errors, omission's and •discrepancies • found therein
within three (3) calendar days pf discovery. CONTRACTOR will not
• be allowed to take advantage of any error, omission or discrepancy,
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 . GONTRACTOR's ResponsibilitYfor Damages and Accidents:
22.1. . CONTRACTOR shall 'accept full responsibility forthe 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 materials, equipment and
. 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 equipment
furnished under this Contract will be new unless otherwise specified
and that all of the Work will be of good quality, .free from faults and
defects and in conformance with the Contract Documents. Ali 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
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• otherWISe speCifiCally Specified.in •other 'parts of the ,Contract
Documents,: .or within such longer period of time _as • may be
prescribed by law or provided by the manufacturer.
• 23.3. The GUararitee'ehall InClUdeihe 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 one (1) year written guarantee for the work performed, and
,Material and equipment installed on the abcive referenced Work
Order. This guarantee Incorporates alt provisions of the Contract
• Documents that refer or relate to the guarantee. This guarantee is
Commenced on the final acceptance date."
3.4. During the guaratIted period, the Centratter shall 'repair -arid replaCe •
at his own expense, when sb.ordei-ed 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,' -in :the opinion of the CitY .and br Program Manager, It
• becomes necessary to explain the Work to be done more fully, or to
.illustrate the • Work further, ir to show any changes which may be
. ',required, supplementary drawing6,with sp'ecificatIons 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 ScopeOf Work.
24.2: The supplementary drawing's shall be binding upon CONTRACTOR
•with 'the same force as the Project Manual. Where such
' supplementary drawings reduireeither less or more than the original
• Detailed Scope of Work, aripropriate adjustments shall be made by
Issuance of an a Job Order along with the required documentation.
25. ' Defective Work: • . •
25.1. • • .. • .
. The CITY and br Program Manager Shall. /16%4 the authority tO reject
or disapprove work which CITY and or Program Manager finds to be.
defective. If required by the CITY and or Program Manager,
CONTRACTOR shall promptly either correct all defective work or
remove such defective work and replade.lt with non -defective work.
CONTRACTOR shall bear all direct, Indired and consequential costs
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of such removal or correctionsincluding cost of testing laboratories •
and personnel.
25.2. Should CONTRACTOR fail or 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 declare CONTRACTOR in default. •
25.3. If, within one (1) year after the date of substantial completion 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 the Contract Documents, any of the Work
fs found to be defective or not In accordance with the Contract
Documents, CONTRACTOR, after .receipt of written notice from
CITY, shall promptly correct s' ch defective or nonconforming Work
within .the time specified by CITY without cost to CITY, to do so.
Nothing contained herein shall be cohstrued to establish a period of
.limitation with respect to any other obligation which CONTRACTOR
might have under the Contract Documents including but not limited
to, Article 23 hereof and any claim regarding latent defects.
• 25.4. Failure to reject any defective work or material shall not in'any way
.prevent later rejection when such defect is discovered, or obligate
CITY to final acceptance.
26. Taxes:
26.1. CONTRACTOR shall pay 'all applicable sales, :consurner, use ' and
other taxes required by law. j CONTRACTOR is responsible for
.reviewing the' :pertinent state ' statutes Involving -stale. taxes and
complying with all requirements.' Sales Tax has been included in the
Material and equipment cost of the unit prices.
27. • .Subcontracts: .
•
27,1. CONTRACTOR shall not employ any subcontractor or Architectural
and Engineering firm against whom CITY and or Program Manager
may have a reasonable objection, CONTRACTOR shall not be
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requirdd 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
acts 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 speolficaily every subcontractor to the
applicable terms and conditions of the Contract Documents for the
• benefit of CITY.
27.4. For Contract .12=03f04. Public Works Contract CONTRACTOR shall
perform the Work with its own .'organi2ation, amounting to not Tess
30% of the Contract : Price. For Contracts 14-03/04 Capital
.Improvements Protects •arid 13-03/04 City Wide, CONTRACTOR
shali perform the Work with its own organization, amounting to not
less than 10% of the Contract Price; The participation will be an
accumulative participation over the contract.
•
27.5
Execution of••Subcontracts:
27.5.1. The -Contractor shall provide with each Job Order Price
Proposal a list of proposed subcontractors and type of
work being .performed. This list shall be provided on a form
'provided by CITY.
27;5.2. The Contractor•sh!ali not oorntrilt to or finalize 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 or otherwlse 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
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decrease the •.price i to be _paid tO the .subContraCtor
;thereunder without prior notification to CITY.
27.5.4. • If the.) CITY rejects any sub contractor Or architectural 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 ubcontrectots:
A subdOritrattor 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 i-eleaSe from the listed subcontractor
•attached thereto. • . .
. . •
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27.7. The .00ntrictOr shall give hle/her persOn'al 'attention beristantly•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 Sub'contractOr °octet° sUbCdritrhat any .portierf of its
• • .
:subcontract, the proposed sub -subcontract shell be Submitted in the
• same manner as directed above.
•
27.9. . Whetei.rer the word Subcontractor ii0Pears; • it also 'Means sub-
• • 'Subcontractor. • ;
.: • • .• •
27.10. N .SubeentractOr 'Shall be „Oermitted •on th6 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 the 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- agreethenf between the Contractor and Its •Subcontractors 'shell
contain the same terms and conditions as to method of payment for
• Work, laborand materials, and as to retained percentages as are
contained in this Contract. •
• • .;
27.12. The Contractor shall pay 'ail Subcontractors for and on account ef
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.
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27.13. _The. C)"I`'Y's • approval of •a Subcontractor- shall .not . relieve' .the
•Contractor of .any of.:Its':responsibilities, duties and liabilities
hereunder. The Contractor shall be solely responsible to.the CITY for
the acts, omissions or defaults of its Subcontractor and of such
• Subcontractor's officers, agents and employees, each of whom shalt,
•for this purpose, be deemed to be the agent or employee of the
Contractor to the extent of its subcontract.
:27.14. • • The Contractor shall 'Cause appropriate provision to 'be inserted in ail
. • subcontracts relative to •the work to require compliance by each
subcontractor with the applicable provisions • contained in the
Contract.
27.15. Nothing -contained in . the !Contract documents shall • create any
contractual relation between'any subcontractor and the CITY. •
27:16. No' Subcontractor shall be -permitted 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 and 'Respdnsibie To CITY.
27.18.1. The. Contractor :Shall be held liable by • CITY 'for • the
• performance of 411 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 -orany .such subcontractors, . It • being
understood that the' Contractor' shall fix the scope' of all
• • work and responsibilities of the subcontractors.
27.18.2. The Contractor's use of ubcoritradtors shall riot diminish
the Contractors Hobligations to complete the .Work in
accordance with the Contract. The: contractor shall not be
• released from any part of his/her •liabilities or obligations
• Under his/her contract should any subcontractor fail to
. perform in a satisfactory manner the work undertaken by
him. The Contractor shall control and coordinate the Work
Of Its Subcontractors.
27.18.3. Any disputes which •may arise *in this connection.betwaan
the Contractor and any subcontractor must be settled
• between the parties concerned. CITY will not undertake or
'be in any way •responslble for the settlement of such
disputes. .
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281. CITY reserves theright to let .other contracts In COnneetiOn:With. this
Project. CONTRACTOR shall .afford other persons reasonable
opportunity for the introduction and storage of their materials and the
• execution of their work and shall properly connect and coordinate this
Work with theirs. • • . . .
. . . i • •
. . . . .
•28.2. . , If any 'pert Of CONTRACTOR'erWOrk dependelor prOPerreicecutionot
results upon the work of any .other persons, .CONTRACTOR shall
inspect and prOmPtly report tothe 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 person'a 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 .cOnduot I erations 'end take ali 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 cest of such interference or Impact.
28:4. To inaute. the proper eicebutibri 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 have the right at ita.s�te cptiCti totake POSSeSSIOn of and
Use any completed or partially completed portions of the ..Project.
- Such postession and use shall ,not be deemed an acceptance' Of any
of the Work not ccimpleted in accordance with the Contract
Documents. If such p.ossesslon" and use Increases the cost of or
• delays the Wark, CONTRACTOR shall be entitled to reasonable
. extra compensation; or reasonable extension of time or both, as
• • recommended by PrograniManager acid or CITY..
• 29.2. In • the .event CITYtakes .posSessiOn 'Of any completed or partially• •
completed portions Of the Project, the following shall occur:
29:2.1. CITY shall give 'Wide to-CONTRACTOR.In Writing at least .•
thirty (30) calendar days prior to CITY's intended
Occupancy of a designated area.
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2g.2:2. CONTRACTOR shall complete to 'the point .of Substantial
•Completion the designated area and 'request inspection
and Issuance of a' Certificate of Substantial Completion in
the form attached hereto as 00925 from the CITY and or
Program Manager. .
Upon CITYrs i"ssUarice •, 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 •th auu , poniplete all 'items noted on the
Certificate of Substantial Completion within the time
specified by the- pITY 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 rrecessary'to 'occupy or 'use a portion or •
portions of the • Work prior to .Substantial Completion
' thereof, such occupancy or use shall not commence prior
to • a time mutually agreed •,upon ,by CITY and
CONTRACTOR and to which the' insurance company or
companies providing the .property .insurance have
consented by endorsement 'to the policy or policies.
Insurance on the unoccupied or unused portion or 'portions
shall not be canceled or lapsed on account of such partial
occupancy or use: ;:Consent of CONTRACTOR and of the
'insurance company br companies to such occupancy or
use shall not be• unreasonably withheld.
30: Lands for Work:
30.1. • CITY shall provide,. as May be indicated in''the Contract Documents, •
the lands upon which the Work Is to be performed, rights -of -way and
easements for access . thereto and such other lands as are •
designated by CITY or the use of CONTRACTOR.
30.2. . CONTRACTOR shall 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 •
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Materials.." CONTRACTOR shall ' furnish to CITY copies of written
permission obtained by CONTRACTOR from. the owners of such
faculties.
31. - Legal Restrictions and Traffic Provisions: .
• 31.1. CONTRACTOR shall conforin' .t6 . and obey • all applicable • laws, •
regulations, or ordinances with' regard to :labor employed, hours of
.work and CONTRACTOR's- general operations. CONTRACTOR
shall conduct its operations se as not to close any thoroughfare, nor
interfere In any way with traffic on railway, . highways, or water,
• .without the prior written' consent of the proper authorities.
'32. Location and Damage to Existing Facilities, Equipment or Utilities:•
• 32.1. As far as po$sible; .ail existing utElity lines in the Project area have
been shown on the plans. However, CITY does not guarantee that
• .all lines are shown,. or that .the- ones Indicated are in their true
:location. It shall be the CONTRACTOR'S responsibility to identify
•. and locate all underground and overhead utility lines or equipment
affecting or affected by the Project.. No additional payment will be
made to the •CONTRACTOR because' of discrepancies in actual and
•• • •plan location of utilities, and damages suffered as a result thereof.
• 32.2. .The CONTRACTOR shall' notify" each • Utility company ,Involved at
.least ten (10) days prior to the start of construction to arrange for
positive underground location, relocation or support of itsutillty where
- .that utility may be in conflict With or endangered by the proposed
• • construction. . Relocation •of Water mains or other utilities for the
• convenlence ...Of the •CONTRACTOR , shall be • paid by the
' CONTRACTOR. All charges by utility 'companies for temporary
. • support of its utilities shall be paid for by the CONTRACTOR. All
costs of permanent utility relocation to avoid conflict shall be the
.responsibility of the utility company involved. No -additional payment
will be made to the CONTRACTOR for utility relocations, whether or
• not said relocation is necessary• 'to avoid conflict with other lines.
• 32.3. • The CONTRACTOR shall schedule the Work in such a manner 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 structures and .utilities
'encountered are . to be carefully protected from injury or
displacement, AU damage. to jsuch structures is to be completely
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repaired within 'a reasonable time; ,needless delay .wiH not ;be
tolerated. The CITY reserves 'the right to remedy such 'damage by
ordering outside parties to' Make such repairs at the expense of the
CONTRACTOR. All such 'repairs made by the CONTRACTOR are to
be made to the satisfaction of the utility owner. All damaged utilities
must be replaced or fully repaired. All repairs are to be Inspected by
the utility owner prior to backfilling.
33. Value Engineering:..
33.1.' .CONTRACTOR May .'request substitution 'of materials, articles,
:pieces of equipment or any changes that reduce"the Contract Price
• by making such request to' the CITY and or Program Manager in
'writing. The •CITY and or Prograrn Manager will be the sole judge of
acceptability, and no substitute will be ordered;' installed; used or
•Initiated without the CITY's and or' Program Manager's prior written •
acceptance which will be evidenced by either a 'Change Order or an
approved Shop Drawing. ,;,However, any substitution accepted by the
CITY and or Program Manager shall not result In any increase In the
Contract Price or Contract Tirne. • Any substitution submitted by
• • CONTRACTOR must meet the form, fit, .function and life cycle criteria
Of the item proposed to be 'replaced and there must be a net dollar
'savings including the CITY .and or Program Manager's review fees
and charges. If asubstitution 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 Garry on the Work and adhere to the progress
schedule during all disputes or disagreements with CITY, including
disputes or disagreements concerning a request for a• Change Order,
. are quest for a change in the Contract Price or Contract Time. The
Work shall not be delayed Or postponed pending resolution of any
disputes or disagreements.
35. Changes in the Work orTerrns of Contract Dacumerits:
35,1. Without invalidating the Contract 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 of additional work within the scope of
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' thli Project must ' be attotriplithed by Means -'+:if approprlate Field
' Orders and Supplemental Instructions or Change . Orders issued
• 'through a Job Order with therequired Doodmentation. •
• • •
35.2, Any changes to the terms of the :Contract Documents must be
contained in a Written crOcument, executed by the parties hereto, with
the same formality and of equal dignity prior to the initiation of any
work reflecting such change, !This section shall not prohibit the
issuance of Change Orders through a Job .Order With the required
.Documentation.executed only by CITY as hereinafter provided,
36.. Field Ordereend 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 .0f the intent of the .Contract
. .0ocuments and ordering minor changes in Work execution, providing
• . the Held Order involves no .change in the Contract Price or the
Contract Time. •
•
36.2. • The CITY. and Or PrOgrath •Manager shall have the right to apPrOve
and issue Supplemental InStrUctions setting forth written orders,
• instructions, or interpretations concerning the Contract DOcurnerits or
'its performance, provided such Supplemental instructions involve no
change in the Contract Price or the Contract Time,
37. ChangeOrders:
•
The'dITY without InVelidating the'COntraCt, may order changes In the
• . Work by altering, adding to or .deducting from the Job Order, .by
Issuing an additional Job Order. All changes. are 'to be Owner
. initiated as a result of: 1) chan'ge in the original scope of work or 2) a
•" hidden condition requiring the use of work tasks or non pre -priced
tasks not in the Contractor's original Price Proposal. Ali such Work
shall be executed under the COnditiOnsof the original contact.
37.2. NO changes shall be made • Without a".Written 'Job Order froth the
CITY. No cairn 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 folio*
• the procedures outlined in Article 12 of the Ordering Procedures In
• the JOG Supplemental Conditions. ••
. .
37.4. • Changes in the quantity or characterof the Work. Within the scope of
• work of the Project which are not properly the subject of Field Orders
• or Supplemental Instructions, including . all changes resulting in
• changes in the Contract Price, or the Contract Time, shall be
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horizeo' only by Change 6eders, :issued with' a Job Order with the'
required documentation and approved in advance and issued in
accordance with the provisions of the CITY.
37.5.. All changes to construction dontracts 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 'satisfactory'adjustmentcannot be reached'for -any Item
.:requiring a change in the Contract Price or Contract Time, and a
. Change Order has not 'beein issued, CITY reserves .the right at its
'sdie 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 work; or•submlt the matter in
dispute to Contract Administrator as set forth in Article 12 hereof.
During the pendency of the dispute, ,and upon 'receipt of a Change
-Order approved by CITY, 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.?. Under circumstances determined lietetsary by CITY, Change
Orders niay be issued unilaterally by CITY. •
.38; .Value of'Charige Order Work: •
381, Tho value'of any work covered 'by 'a -Change Order Or -Of any claim for
an increase or decrease in the Contract Price Shall be determined as
•foifowings:
38.2. .All changes, or order Of extra Work shall`be ptaid for athe Unit Prices
•set forth in the Construction Task 'Catalog or as Non Pre -priced
Tasks.•..Credlls for"the om€scion or reduction of Work shall be paid In
the same manner.
38.3. For each' change,. omission or.extra Work ordered by the CITY, the •
'contractor shall submit a Job'Order Price Proposal In writing to the
CITY stating a lump sum amount and shall state the extent to which
the contract time shall thereby be increased or decreased.
38.4'. •All Job Order Price P'roposais shall be submitted-proniptiy.
39 Notification and Claim for Change of Contract Time:
39.1. Any claim for a change iri'the•Contract Time shall be rnade by written
notice by CONTRACTOR to the Contract Administrator and or
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Program Manager within one (1) calendar day of the commencement
bf 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 deterrhined 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'REOUIREMENTS OF THIS SECTION.
• 39.2. The Contract TIrhe. will be 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.
40 No Damages for Delay: .
.40.1. No claim for damages or any claim, other than for an extension of
time, shall be made or asserted against CITY by reason of any
delays except as provided herein. CONTRACTOR shall not be
entitled to an increase in the Contract Price or payment or
Compensation of any kind ' from CITY for direct, indirect,
Consequential, Impact or other costs, expenses or damages,
including but not limited to costs of acceleration or inefficiency,
arising' because of delay, disruption, Interference or hindrance from
any cause whatsoever, whether such delay, .disruption, interference
or hindrance be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable; provided, however, that
this provision shall not preclude recovery of damages by
CONTRACTOR for actual delays due solely to fraud, bad faith or
active interference on the part of CITY and or Program Manager,
Otherwise, CONTRACTOR shall be entitled only to extensions of the
Contract Time as the sole and exclusive remedy for such resulting
delay, In accordance with and to the extent specifically provided
above.
• 41. Excusable Delay; Compensable; Non-Compensable:
41.1. Excusable Delay: Delay which extends the completion of the Work
and which is caused by circumstances beyond the control of
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City of Miami Beach March 2004
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