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Reso 2014-2277
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Reso 2014-2277
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Last modified
7/20/2015 12:14:54 PM
Creation date
8/11/2014 4:02:21 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2277
Date (mm/dd/yyyy)
07/31/2014
Description
Agmt. w/Ric-Man International, Inc. for the Design and Construction of a Pedestrian Bridge at Gateway Park, Awd RFP No. 13-08-01
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11.4.7 No warranty, either express or implied, may be modified, excluded or disclaimed in <br />any way by CONTRACTOR. All warranties shall remain in full force and effect, notwithstanding <br />acceptance and payment by CITY. <br />11.5 Tests and Inspections. <br />11.5.1 CONTRACTOR shall give the City Manager and Building Department timely notice <br />of readiness of the work for all required inspections, tests or approvals.. CONTRACTOR shall <br />assume full responsibility, pay all costs, except for permit fees or other fees imposed by the CITY, in <br />connection therewith and furnish the Building Department, with courtesy copies to the CITY, the <br />required certificates of inspection, testing or approval for all materials, equipment or the Work or any <br />part thereof unless otherwise specified herein. <br />11.5.2 Inspectors do have the full authority to order the CONTRACTOR to comply with all <br />applicable codes. The CONTRACTOR shall be responsible for complying with all inspections and <br />all costs associated therewith shall be deemed the responsibility of the CONTRACTOR and included <br />in the GMP. <br />11.5.3 The payment of any compensation whatever may be its character or form, or the <br />giving of any gratuity or the granting of any favor by the CONTRACTOR to any inspectors, directly <br />or indirectly is strictly prohibited and any such action on the part of the CONTRACTOR will <br />constitute a breach of this Agreement. <br />ARTICLE 12 - CONTRACT TIME <br />12.1 Change of Contract Time. <br />ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF <br />THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM <br />FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME <br />SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY DELAYS. <br />CONTRACTOR shall not be entitled to an increase in the construction cost or payment or <br />compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, <br />expenses or damages including but not limited to costs of acceleration or inefficiency, arising because <br />of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, <br />disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or <br />unavoidable. If CONTRACTOR is delayed at any time in the progress of the Work by labor disputes, <br />fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated (including <br />strong storms, tropical storms and/or hurricanes which are common between June 1 and November <br />30), unavoidable casualties or other causes beyond the CONTRACTOR's control, or by other causes <br />which the CITY and CONTRACTOR agree may justify delay, then the Contract Time shall be <br />reasonably extended by Change Order. Otherwise, CONTRACTOR shall be entitled only to <br />extensions of the Contract Time as the sole and exclusive remedy for such resulting delay, in <br />accordance with and to that extent specifically provided above. No extension of time shall be granted <br />for delays resulting from normal weather conditions prevailing in the area which necessarily excludes <br />25 <br />
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