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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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1.22 Work — Shall be defined to include all of the services under the definition of Design - <br />Build Work. <br />1.23 Work Change Directive - A written directive to CONTRACTOR issued on or after <br />the Effective Date of the Agreement and signed by CITY and recommended by City Manager or <br />designee ordering an addition, deletion or revision in the Work. A Work Change Directive shall not <br />change the Guaranteed Maximum Price as long as the changes do not materially deviate from the <br />information contained in City of Sunny Isles Beach RFP No. 13 -08 -01 Gateway Park Pedestrian <br />Access Improvements — Step 2 Technical Proposal or Time, but demonstrates a desire that the parties <br />expect that the change directed or documented by a Work Change Directive may be incorporated in <br />a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on <br />the Guaranteed Maximum Price or Contract Time. Notwithstanding the foregoing, the <br />CONTRACTOR understands and agrees that the decision by the CITY to sign a Change Order is <br />completely and totally within the CITY'S discretion and that if the CITY decides not to execute a <br />Change Order, the CONTRACTOR shall not be entitled to recover any compensation whatsoever for <br />the work performed under the Work Change Directive. The CONTRACTOR understands and agrees <br />that any work, however characterized, performed by the CONTRACTOR without the CITY'S prior <br />written approval shall not be compensable, without exception. The CONTRACTOR intentionally, <br />knowingly and voluntarily waives any claim for unjust enrichment or quantum meruit with respect to <br />any work performed in the absence of a written Change Order. Any waiver of this provision must be <br />in writing and signed by both Parties and in no event shall such written waiver extend to any <br />subsequent event. <br />1.24 Written Amendment - A written amendment of the Contract Documents, signed by <br />CITY and CONTRACTOR on or after the Effective Date of the Agreement. <br />1.25 Form AMement. This Agreement is based on a standard form contract and is subject <br />to modification by the City prior to execution by both parties. <br />ARTICLE 2 - CONTRACT DOCUMENTS ARTICLE 2 - CONTRACT DOCUMENTS <br />2.1 Enumeration of Contract Documents. <br />The Contract Documents which comprise the entire agreement between CITY and <br />CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: <br />2.1.1 This Agreement. <br />2.1.2 Construction performance bond. <br />2.1.3 Construction payment bond. <br />2.1.4 Drawings and Specifications. <br />2.1.5 Insurance certificate. <br />
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