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

49. Field Directives
The Project Manager or Consultant may at times issue field based on visits to the
Project(s) Site(s). Such Field Directives shall be issued in writing and the Design-Build
Firm shall be required to comply with the directive. Where the Design-Build Firm
believes that the directive is outside the scope of the Work, the Design-Build Firm shall,
within 48 hours, notify the Project Manager that the work is outside the scope of the
Work. At that time the Field Directive may be rescinded or the Design-Build Firm may
be required to submit a request for a change to the Contract. Where the Design-Build
Firm is notified of the City‟s position that the Work is within the scope and the Design-
Build Firm disagrees, the Design-Build Firm shall notify the Project Manager that the
Design-Build Firm reserves the right to make a claim for the time and monies based on
the Field Directive. At no time shall the Design-Build Firm refuse to comply with the
directive. Failure to comply with the directive may result in a determination that the
Design-Build Firm is in default of the Contract.
50. Changes in the Work or Contract Documents
Without invalidating the Contract Documents 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 under the Contract Documents
as may be considered necessary or desirable to complete fully and acceptably the
proposed construction of a Project in a satisfactory manner. Any extra or additional
Work within the scope of the Project(s) must be accomplished by means of appropriate
Field Orders and Supplemental Instructions or Change Orders.
Any changes to the terms of the Contract Documents must be contained in a written
document, executed by the parties hereto. This section shall not prohibit the issuance of
Change Orders executed only by City.
51. Continuing the Work
Design-Build Firm shall carry 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, a request for a change in the Contract price or Contract
time for completion. The Work shall not be delayed or postponed pending resolution of
any disputes or disagreements.
52. Change Orders
Changes in the quantity or character of the Work within the scope of the Project(s) 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
authorized only by Change Orders approved in advance and issued in accordance with
the provisions of the City.
In the event satisfactory adjustment cannot be reached for any item requiring a change
in the Contract Price or Contract Time, and a Change Order has not been issued, City
reserves the right at its sole option to either terminate the Contract as it applies to the
items in question and make such arrangements as may be deemed necessary to
complete the disputed work; or submit the matter in dispute to the Director as set forth in
Article 85, Resolution of Disputes. During the pendency of the dispute, and upon receipt
of a Change Order approved by City, Design-Build Firm shall promptly proceed with the
change in the Work involved and advise the Project Manager, and Director in writing
within seven (7) calendar days of Design-Build Firm‟s agreement or disagreement with
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Design-Build Services for Seawall Stabilization and Repair Project RFP 11-12-033