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contract for design-build services for the design - City of Miami

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Firm from responsibility <strong>for</strong> properly estimating <strong>the</strong> difficulty or cost <strong>the</strong>re<strong>of</strong> under <strong>the</strong><br />

Contract Documents. In <strong>the</strong> event that <strong>the</strong> actual subsurface conditions vary from <strong>the</strong><br />

actual <strong>City</strong> provided reports <strong>the</strong> Design-Build Firm shall notify <strong>the</strong> <strong>City</strong> and this Contract<br />

Documents amount may be adjusted up or down depending on <strong>the</strong> conditions.<br />

14. Design-Build Firm to Check Plans, Specifications and Data<br />

Design-Build Firm shall verify all dimensions, quantities and details shown on <strong>the</strong> plans,<br />

specifications or o<strong>the</strong>r data received from Project Manager or Consultant as part <strong>of</strong> <strong>the</strong><br />

Contract Documents, and shall notify <strong>the</strong> Project Manager and <strong>the</strong> Consultant <strong>of</strong> all<br />

errors, omissions and discrepancies found <strong>the</strong>rein within three (3) calendar days <strong>of</strong><br />

discovery. Design-Build Firm will not be allowed to take advantage <strong>of</strong> any error,<br />

omission or discrepancy in <strong>the</strong> plans or specifications as <strong>the</strong> Design-Build Firm has sole<br />

responsibility <strong>for</strong> <strong>design</strong> and construction. Design-Build Firm is also liable <strong>for</strong> damages<br />

and/or re-works resulting from errors, omissions or discrepancies in <strong>the</strong> plans and/or<br />

specifications<br />

15. Design-Build Firm's Responsibility <strong>for</strong> Damages and Accidents<br />

Design-Build Firm shall accept full responsibility <strong>for</strong> Work against all losses or damages<br />

<strong>of</strong> whatever nature sustained until Final Acceptance by <strong>City</strong>, and shall promptly repair or<br />

replace, at no additional cost to <strong>the</strong> <strong>City</strong> any Work, materials, equipment, or supplies<br />

damaged, lost, stolen, or destroyed from any cause whatsoever.<br />

16. Accidents<br />

The Design-Build Firm shall provide such equipment and facilities as are necessary or<br />

required, in <strong>the</strong> case <strong>of</strong> accidents, <strong>for</strong> first aid service to person who may be injured<br />

during <strong>the</strong> Project(s) duration. The Design-Build Firm shall also comply with <strong>the</strong> OSHA<br />

requirements as defined in <strong>the</strong> United States Labor Code 29 CFR 1926.50. In addition,<br />

<strong>the</strong> Design-Build Firm must report immediately to <strong>the</strong> Project Manager every accident to<br />

persons or damage to property, and shall furnish in writing full in<strong>for</strong>mation, including<br />

testimony <strong>of</strong> witnesses regarding any and all accidents.<br />

17. Safety Precautions<br />

Design-Build Firm shall be solely responsible <strong>for</strong> initiating, maintaining and supervising<br />

all safety precautions and programs in connection with <strong>the</strong> Work. Design-Build Firm<br />

shall take all necessary precautions <strong>for</strong> <strong>the</strong> safety <strong>of</strong>, and shall provide <strong>the</strong> necessary<br />

protection to prevent damage, injury or loss to:<br />

� All employees on <strong>the</strong> Project(s) site(s) and o<strong>the</strong>r persons who may be affected<br />

<strong>the</strong>reby;<br />

� All <strong>the</strong> Work and all materials or equipment to be incorporated <strong>the</strong>rein, whe<strong>the</strong>r<br />

in storage on or <strong>of</strong>f <strong>the</strong> Project(s) site(s); and<br />

� O<strong>the</strong>r property at <strong>the</strong> Project(s) Site(s) or adjacent <strong>the</strong>reto, including trees,<br />

shrubs, lawns, walks, pavements, roadways, structures and utilities not<br />

<strong>design</strong>ated <strong>for</strong> removal, relocation or replacement in <strong>the</strong> course <strong>of</strong> construction.<br />

Design-Build Firm shall <strong>design</strong>ate a responsible member <strong>of</strong> its organization at <strong>the</strong><br />

Project(s) site(s) whose duty shall be <strong>the</strong> prevention <strong>of</strong> accidents. This person shall be<br />

Design-Build Firm's superintendent unless o<strong>the</strong>rwise <strong>design</strong>ated in writing by Design-<br />

Build Firm to Project Manager.<br />

Design-Build Firm shall comply with all applicable laws, ordinances, rules, regulations<br />

and orders <strong>of</strong> any public body having jurisdiction <strong>for</strong> <strong>the</strong> safety <strong>of</strong> persons or property or<br />

to protect <strong>the</strong>m from damage, injury or loss; and shall erect and maintain all necessary<br />

18<br />

Design-Build Services <strong>for</strong> Seawall Stabilization and Repair Project RFP 11-12-033

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