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Reso 2024-3646
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Reso 2024-3646
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Last modified
4/29/2024 2:40:56 PM
Creation date
4/25/2024 5:03:16 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3646
Date (mm/dd/yyyy)
04/18/2024
Description
Agreement w/ Paragon Construction Unlimited, Inc. for the interior demolition of property 18050 Collins Ave., and demolition of 18126 Atlantic Ave.
Supplemental fields
Expiration Date
10/31/2024
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17. Contractor's Right to Stop Work or Terminate Contract: <br />Should Consultant fail to review and approve or state in writing reasons for nonapproval <br />of any Application for Payment within twenty (20) days after it is presented, or if City fails <br />either to pay Contractor within thirty (30) days after presentation by Consultant of any <br />sum certified by Consultant, or to notify Contractor and Consultant in writing of any <br />objection to the Application for Payment, then Contractor may, give written notice to City <br />and Consultant of such delay, neglect or default, specifying the same. If City or Consultant <br />(where applicable), within a period of ten (10) calendar days after such notice shall not <br />remedy the delay, neglect; or default upon which the notice is based, then Contractor may <br />stop work or terminate this Contract and recover from City payment for all work executed <br />and reasonable expenses sustained therein plus reasonable termination expenses. Any <br />objection made by City to an Application for Payment shall be submitted to Consultant in <br />accordance with the provisions of Article 13 hereof. <br />18. Assignment: <br />Neither party hereto shall assign the Contract or any subcontract in whole or in part without <br />the written consent of the other, nor shall Contractor assign any monies due or to become <br />due to it hereunder, without the previous written consent of the Mayor and City <br />Commission. <br />19. INTENTIONALLY OMITTED <br />20. Differing Site Conditions: <br />In the event that during the course of the Work Contractor encounters subsurface or <br />concealed conditions at the Project site which differ materially from those shown on the <br />Contract Documents and from those ordinarily encountered and generally recognized as <br />inherent in work of the character called for in the Contract Documents; or unknown <br />physical conditions'of the Project site, of an unusual nature, which differ materially from <br />that ordinarily encountered and generally recognized as inherent in work of the character <br />called for in the Contract Documents, Contractor , without disturbing the conditions and <br />before performing any work affected by such conditions, shall, within twenty-four (24) <br />hours of their discovery, notify City and Consultant in writing of the existence of the <br />aforesaid conditions. Consultant and City shall, within two (2) business days after receipt <br />of Contractor's written notice, investigate the site conditions identified by Contractor. If, in <br />the sole opinion of Consultant, the conditions do materially so differ and cause an increase <br />or decrease in Contractor's cost of, or the time required for, the performance of any part <br />of the Work, whether or not charged as a result of the conditions, Consultant shall <br />recommend an equitable adjustment to the Contract Price, or the Contract Time, or both. <br />If City and Contractor cannot agree on an adjustment in the Contract Price or Contract <br />Time, the adjustment shall be referred to Consultant for determination in accordance with <br />the provisions of Article 13. Should Consultant determine that the conditions of the Project <br />site are not so materially different to justify a change in the terms of the Contract, <br />Consultant shall so notify City and Contractor in writing, stating the reasons, and such <br />determination shall be final and binding upon the parties hereto. <br />No request by Contractor for an equitable adjustment to the Contract under this provision <br />shall be allowed unless Contractor has given written notice in strict accordance with the <br />28 <br />365 <br />
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