Reso 2023-3557 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 1.5.6 The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of this Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence, or condition shall be deemed not to constitute a material breach of this Contract. 1.5.7 Words or terms used as nouns in this Contract shall be inclusive of their singular and plural forms, unless the context of their usage clearly requires a contrary meaning. 1.5.8 The Contractor shall have a continuing duty to read, carefully study, and compare each of the Contract Documents, and shall give written notice to the City of any inconsistency, ambiguity, error, or omission which the Contractor may discover with respect to these documents before proceeding with the affected Work. The issuance, or the express or implied approval by the City, the City's Representative, or the City's Consultant Engineer, of the Contract Documents shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The City has requested the City's Consultant Engineer to only prepare documents for the Project, including the Specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, THE CITY MAKES NO REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE CONTRACTOR CONCERNING SUCH DOCUMENTS. By the execution hereof, the Contractor acknowledges and represents that it has received, reviewed, and carefully examined such documents consistent with the standard applicable to similarly situated contractors and not the standard applicable to design professionals, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and that the Contractor will rely upon the representation or warranties by the City concerning such documents. The Contractor further acknowledges and represents that it has made a thorough and careful examination and inspection of existing above ground surface conditions on the Project site, and the Contractor expressly acknowledges and agrees that it shall make no claim for additional compensation due to existing above ground surface conditions that could be determined or ascertained from a thorough and careful above ground examination and inspection of the site. 1.5.9 In the event of any conflict in the Contract Documents, the following documents shall take precedence in the following order of precedence: (a) any Change Orders; (b) the Addenda; (c) the Specifications; (d) the Drawings; (e) any Supplemental Conditions; (f) the Contract for Construction; (g) the City's Bid; (h) the Contractor's Representations made at the Post -bid Conference; (i) the Contractor's Response 3