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

Except as may be otherwise specifically provided for in the Contract Documents, the
Design-Build Firm agrees to make no claim for damages for delay of any kind in the
performance of the Contract Documents whether occasioned by any act or omission of
the City or any of its representatives (whether it is an Excusable Delay or otherwise) and
the Design-Build Firm agrees that any such claim shall be compensated solely by an
extension of time to complete performance of the Work. In this regard, the Design-Build
Firm alone hereby specifically assumes the risk of such delays, including without
limitation: delays in processing or approving shop drawings, samples or other submittals
or the failure to render determinations, approvals, replies, inspections or tests of the
Work, in a timely manner. Design-Build Firm shall not receive monetary compensation
for City delay. Time extensions may be authorized by the City in certain situations.
68. Excusable Delay, Non-Compensable
Excusable Delay is (i) caused by circumstances beyond the control of Design-Build Firm,
its Sub Design-Build Firm s, Subconsultants, suppliers and vendors, and is also caused
by circumstances beyond the control of the City or Consultant, or (ii) is caused jointly or
concurrently by Design-Build Firm or its Sub Design-Build Firms, Subconsultants,
suppliers or vendors and by the City. Then Design-Build Firm shall be entitled only to a
time extension and no compensation for the delay.
Design-Build Firm is entitled to a time extension of the Contract time for each day the
Work is delayed due to Excusable Delay. Design-Build Firm shall document its claim for
any time extension as provided in Article 65, Notification of Claim, hereof.
Failure of Design-Build Firm to comply with Article 65, Notification of Claim hereof as to
any particular event of delay shall be deemed conclusively to constitute a waiver,
abandonment or relinquishment of any and all claims resulting from that particular event
of delay.
69. Acceptance of Defective or Non-Conforming Work
The City, in its sole discretion, may elect in writing to accept defective or non-conforming
Work instead of requiring its removal and correction. In such instances, a Change Order
will be issued to reflect an appropriate reduction in the Contract sum, or, if the amount is
determined after final payment, any difference in the amount shall be paid to the City by
the Design-Build Firm.
70. Uncovering Finished Work
The Project Manager‟s, and/or Inspector‟s right to make inspections shall include the
right to order the Design-Build Firm to uncover or take down portions of finished Work.
The Project Manager shall notify the Design-Build Firm in writing concerning all
uncovered finished Work. Should the Work prove to be in accordance with the Contract
Documents, the uncovering or taking down and the replacing and the restoration of the
parts removed will be treated as Extra Work for the purpose of computing additional
compensation and an extension of time. Should the Work examined prove
unsatisfactory, such uncovering, taking down, replacing and restoration shall be at the
expense of the Design-Build Firm. Such expenses shall also include repayment to the
City for any and all expenses or costs incurred by it, including employee salaries or
related cost, in connection with such uncovering, taking down, replacing and restoration
at the Project site.
71. Correction of Work
Project Manager or Consultant shall have the authority to reject or disapprove Work
which Project Manager or Consultant finds to be defective. If required the Design-Build
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Design-Build Services for Seawall Stabilization and Repair Project RFP 11-12-033