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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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13.2 All Change Orders which, individually or when cumulatively increase the cost of the <br />work, or which extend the time for completion, must be formally authorized and approved by the City <br />Commission prior to their issuance and before work may begin. No claim against CITY for Extra <br />Work in furtherance of such Change Order shall be allowed unless prior approval has been obtained. <br />The CONTRACTOR understands and agrees that any work, however characterized, performed by <br />the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without <br />exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for <br />unjust enrichment or quantum meruit with respect to any work performed in the absence of a written <br />Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no <br />event shall such written waiver extend to any subsequent event. <br />13.3 The Guaranteed Maximum Price and Contract Time shall be changed only by Change <br />Order or Written Amendment approved by the City Commission. <br />13.4 Proposed Change Orders shall be prepared by the CONTRACTOR. <br />13.5 The CONTRACTOR shall not be entitled to an increase in the Guaranteed Maximum <br />Price or an extension of the Contract Time with respect to any work performed that is not required by <br />the Contract Documents as amended, modified and supplemented. <br />13.6 If notice of any change affecting the general scope of the work or the provisions of <br />the Contract Documents is required by the provisions of any bond to be given to a surety, the giving <br />of any such notice will be CONTRACTOR'S responsibility and the amount of each applicable bond <br />shall be adjusted accordingly. <br />13.7 Any claim for adjustment in the Guaranteed Maximum Price or time shall be based <br />upon written notice delivered by the party making the claim to the other Parties not later than ten (10) <br />days after the occurrence or event giving rise to the claims and stating the general nature of the claim. <br />No claim for an adjustment in the Guaranteed Maximum Price or an extension of the contract time <br />will be valid if not submitted in accordance with this Paragraph. <br />13.8 CONTRACTOR understands and agrees that any information provided to it by the <br />CITY, at any time, as to any aspect of the Project is not guaranteed. The CONTRACTOR is solely <br />liable for all site conditions, including those that are subsurface or otherwise concealed physical <br />conditions which may differ, materially or not, from those the CONTRACTOR encountered during <br />its initial site inspection. Upon identifying subsurface physical conditions that do differ materially <br />from those identified during the CONTRACTOR'S initial inspection, the CONTRACTOR shall <br />notify CITY immediately. The CONTRACTOR shall promptly investigate such conditions and, if <br />the CITY agrees that the concealed physical conditions could not have been detected through a <br />reasonable inspection, then the CONTRACTOR shall be entitled to an extension of time for the <br />completion of the Project as its sole remedy. The CONTRACTOR accepts that any costs or expense <br />associated with any differing site conditions encountered shall be the responsibility of the <br />CONTRACTOR and included in the Guaranteed Maximum Price. <br />27 <br />
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