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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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t <br />City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />3.2.1 Once a Notice to Proceed has been issued, the Contractor shall be responsible <br />for the timely and successful completion of the Work and shall endeavor to provide all <br />applicable agencies having jurisdiction with all the required documentation needed to <br />successfully and timely continue the progress of the Work. This may include, but is not <br />limited to providing all necessary documentation in the form of shop drawings, <br />clarifications, calculations, technical data, protocols, product approvals, etc. <br />3.2.2 Under no circumstances will the City accept claims or be responsible for delays <br />arising from failed, unsuccessful, untimely or late inspections or rejections of inspected <br />Work due to the fault of the Contractor for not supplying all of the necessary documentation <br />in the forms required or requested by the City, the City's Representative, or the City's <br />Consultant Engineer. <br />3.3 Time is of the Essence <br />3.3.1 All limitations of time set forth in the Contract Documents are of the essence <br />of this Contract. <br />3.4 The Terms of Sections 1.8, 7.15, and 7.5 entitled "Compliance with Laws", <br />"Indemnity" and "Warranty", respectively, shall survive the expiration or termination of this <br />Agreement. <br />ARTICLE IV <br />CONTRACT PRICE <br />4.1 The Contract Price <br />4.1.1 The City shall pay, and the Contractor shall accept, as full and complete <br />payment for all of the Work required herein, the fixed sum of Five Million Four Hundred <br />Eighty -Three Thousand Four Hundred Seventy -Seven Dollars and Eighty -Seven Cents <br />($5,483,477.87). The fixed sum set forth in this Paragraph 4.1.1 shall constitute the Contract <br />Price which shall not be modified except by Change Order as provided in this Contract. <br />4.2. Contingency <br />4.2.1 In addition to the Contract Price set forth in Paragraph 4.1.1, there shall be a <br />contingency in the amount of Three Hundred Seventy -Five Thousand Dollars ($375,000.00). <br />The contingency accounts for all labor, materials, equipment, overhead, and services necessary <br />for modification or extra work required to complete the Work because of unforeseen <br />conditions, unforeseen conflicts between existing elements of work and the proposed work; <br />for minor changes required to resolve any unforeseen conditions, Revised Regulations, <br />Technological and Products Development, Operational Changes, Schedule Requirements, <br />Program Interface, Emergencies and Other Miscellaneous Costs; and for adjustments to <br />estimated quantities installed; and associated time related to the Work. Unforeseen conditions <br />or conflicts as used in this Paragraph 4.2.1, are those conditions which could not have been <br />determined or ascertained from a thorough and careful examination and inspection of the site <br />as provided by Paragraph 1.5.8. The disbursement of all or part of the contingency is entirely <br />
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