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Reso 2021-3279
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Reso 2021-3279
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Last modified
5/10/2022 12:49:51 PM
Creation date
1/19/2022 11:08:19 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3279
Date (mm/dd/yyyy)
12/16/2021
Description
Ratifying Agmt w/Stout Group, Inc., Golden Shores Utility Undrgrnd
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />on the (CPM) schedule. Concurrent delay events impacting the schedule will only be <br />considered as a single impact and will be limited to a non -compensable time extension. <br />Any notice and claim for an extension of time by the Contractor shall be made not more <br />than three (3) days after the occurrence of the event or the first appearance of the <br />condition giving rise to the claim and shall set forth in detail the Contractor's basis for <br />requiring additional time in which to complete the Project. Said claim shall specifically <br />include, among other things, an adjusted critical path (CPM) schedule reflecting <br />precisely the delay and its claimed impact upon the Contractor's future performance. In <br />the event the delay to the Contractor is a continuing one, only one notice and claim for <br />additional time shall be necessary. If the Contractor fails to make such claim as required <br />in this Subparagraph, any claim for an extension of time shall be waived. <br />8.3.5.1 In no event, and under no circumstances, shall the Contract Price be <br />increased for, nor shall the Contractor claim, recover, or receive payment for, any cost, <br />expense, damages, or compensation of any kind by reason of any delay to the Project, <br />whether critical or non-critical, and whether caused in whole or in part by the City other <br />than as set forth in Paragraph 8.3.5 above. The Contractor shall not be entitled to any <br />direct, indirect, consequential, impact, or other costs, expenses, or damages, including <br />but not limited to, costs of acceleration or inefficiency, arising because of delay, <br />disruption, interference, or hindrance from any cause whatsoever, whether such delay, <br />disruption, interference, or hindrance be reasonable or unreasonable, foreseeable or <br />unforeseeable, or avoidable or unavoidable. <br />It is further agreed that such direct costs do include the Contractor's home office <br />overhead, loss of efficiency, consequential damages, or equipment costs in excess of <br />actual equipment rental paid by the Contractor to a third party. The Contractor's sole and <br />exclusive remedy for delay, hindrance, and disruption shall be an extension of the <br />Contract Time provided a claim for same is made and is allowable pursuant to the <br />provisions of Paragraph 8.3.5 hereinabove. <br />8.4 Field Orders <br />8.4.1 The City's Representative after first obtaining approval from the City, shall <br />have authority to order minor changes in the Work not involving, a change in the Contract <br />Price or in - Contract Time and not inconsistent with the intent of the Contract. Such changes <br />shall be effected by Field Order and shall be binding upon the Contractor. The Contractor <br />shall carry out such Field Orders promptly. <br />ARTICLE IX <br />SUBCONTRACTORS <br />9.1 Definition <br />9.1.1 A Subcontractor is an entity that has a direct contract with the Contractor <br />to perform a portion of the Work. <br />9.2 Award of Subcontracts <br />23 <br />C, <br />
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