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

Build Firm agrees the Change Proposal Request will in no event include a combined
profit and overhead rate in excess of fifteen (15%) percent of the direct labor and
material costs, unless the Project Manager determines that the complexity and risk of
the Extra Work is such that an additional factor is appropriate. The Change Proposal
Request may be accepted or modified by negotiations between the Design-Build Firm
and the City. If an agreement on the Extra Work is reached, both parties shall execute
the Extra Work order in writing via a Change Order. The execution by the Design-Build
Firm of the Change Order shall serve as a release of the City from all claims and liability
to the Design-Build Firm relating to, or in connection with, the Extra Work, including any
impact, and any prior acts, neglect or default of the City relating to the Extra Work.
Upon execution of a change order that affects the Contract Time the Design-Build Firm
shall, within five (5) business days submit a revised Project schedule reflecting the
changes against the baseline schedule.
54. No Oral Changes
Except to the extent expressly set forth in the Contract, no change in or modification,
termination or discharge of the Contract or, in any form whatsoever, shall be valid or
enforceable unless it is in writing and signed by the parties charged, therewith or their
duly authorized representative.
55. Value of Change Order Work
The value of any Work covered by a Change Proposal Request or of any claim for an
increase or decrease in the Contract Price shall be determined in one of the following
ways:
� Where the Work involved is covered by unit prices contained in the Contract,
by application of unit prices to the quantities of items involved.
� By mutual acceptance of a lump sum which Design-Build Firm and Project
Manager acknowledge contains a component for overhead and profit.
� On the basis of the "cost of Work," determined as provided in this, plus a
Design-Build Firm‟s fee for overhead and profit which is determined as
provided in this Article.
� The term "cost of Work" means the sum of all direct costs necessarily
incurred and paid by Design-Build Firm in the proper performance of the
Work described in the Change Order. Except as otherwise may be agreed to
in writing by the Project Manager, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in herein.
Payroll costs for employees in the direct employ of Design-Build Firm in the performance
of the Work described in the Change Proposal Request under schedules of job
classifications agreed upon by Project Manager and Design-Build Firm. Payroll costs for
employees not employed full time on the Work covered by the Change Proposal
Request shall be apportioned on the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and wages plus the cost of fringe benefits
which shall include social security contributions, unemployment, excise and payroll
taxes, workers' or workmen's compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of performing the Work after
regular working hours, on Sunday or legal holidays shall be included in the above to the
extent authorized by City.
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Design-Build Services for Seawall Stabilization and Repair Project RFP 11-12-033