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Reso 2023-3504
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Reso 2023-3504
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Last modified
6/23/2023 4:00:33 PM
Creation date
6/13/2023 11:31:39 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3504
Date (mm/dd/yyyy)
05/18/2023
Description
Agreememt with The Stout Group, Inc, for construction services at East End of 172nd Street Roadway & Drainage Improvement Project.
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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 />6.2 City's RightStop Work <br />6.2.1 If the Contractor persistently fails or refuses to perform the Work in accordance <br />with this Contract, the City shall have the right, but not an obligation, to order the Contractor <br />to stop the Work, or any described portion thereof, until the cause for stoppage has been <br />corrected, no longer exists, or the City orders that Work be resumed. In such event, the <br />Contractor shall immediately obey such order. A stop work directive provided under this <br />paragraph shall not entitle the Contractor to an extension of the completion date nor any <br />financial compensation resulting from expenses due to delays caused by this Stop Work <br />directive provided said Stop Work directive is due to Contractor's actions or inaction. <br />6.3 City's Right to Perform Work <br />6.3.1 If the Contractor's Work is stopped by the City under Paragraph 6.2, or if <br />the Contractor persistently fails or refuses to perform the Work in accordance with this <br />Contract, and the Contractor fails within three (3) days of such stoppage, failure, or refusal, <br />to provide adequate assurance to the City that the cause of such stoppage will be eliminated <br />or corrected, then the City may, without prejudice to any other rights or remedies the City <br />may have against the Contractor, proceed to carry out the subject Work. In such a situation, <br />an appropriate Change Order shall be issued deducting from the Contract Price the cost <br />of correcting the subject deficiencies, plus compensation for the City's Representative's <br />additional services, if any, and expenses necessitated thereby, if any. If the unpaid portion of <br />the Contract Price is insufficient to cover the amount due the City, the Contractor shall pay <br />the difference to the City. <br />6.4 Inspections <br />6.4.1 No inspector shall have authority to waive any requirements of the Contract <br />Documents. Any failure or omission on the part of any inspector, the Engineer/Architect or <br />any agent of the City, to condemn any defective work or material shall not release the <br />Contractor from its obligations to install the Work free from faults and defects and to <br />promptly remove and repair any defective or deficient work. The Contractor hereby <br />acknowledges and agrees that no inspector shall have authority to: <br />(a) Authorize any deviation from the. Contract Documents or approve any <br />substitute materials or equipment; <br />(b) Undertake any of the responsibilities of the Contractor, subcontractors or <br />Contractor's superintendent; <br />(c) Expedite the Work for the Contractor; <br />(d) Advise on or issue directions relative to any aspect of the means, methods, <br />techniques, sequences or procedures of construction unless such is specifically called <br />for in the Contract Documents; <br />
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