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Reso 2014-2295
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Reso 2014-2295
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Last modified
1/8/2015 3:06:44 PM
Creation date
9/22/2014 1:18:41 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2295
Date (mm/dd/yyyy)
09/18/2014
Description
Ratify Agmt w/PAC Comm Inc. for Construction Srvs for Intracoastal Seawall Repair
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5.6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the <br />City a complete release of all liens arising out of this Agreement, or receipts in full in lieu thereof, <br />an affidavit certifying that all suppliers and Sub - Contractors have been paid in full and that all <br />other indebtedness connected with the Work has been paid, and a consent of the surety to final <br />payment; and the final bill of materials, if required, and Application for Payment. <br />Contractor shall deliver the written Contractor's and all Manufacturers warranties prior to <br />issuance of the Final Certificate for Payment. <br />5.7 If, after the Work has been substantially completed, full completion thereof is <br />materially delayed through no fault of Contractor, and the City so certifies same, the City <br />will, and without terminating the Agreement, make payment of the balance due for that portion <br />of the Work fully completed and accepted. Such payment shall be made under the terms and <br />conditions governing final payment, except that it shall not constitute a waiver of claims. <br />5.8 Final payment shall be made only after the City has reviewed and approved the final <br />application for payment. The acceptance of final payment shall constitute a waiver of all <br />claims by Contractor, except those previously made in strict accordance with the provisions of <br />the Agreement and identified by Contractor as unsettled at the time of the application for final <br />payment. <br />ARTICLE 6. REQUESTS FOR INFORMATION (RFI) <br />The Contractor shall submit in writing a Request for Information (RFI) to the City where the <br />Contractor believes that the specifications or drawings are unclear or conflict. All requests <br />must be submitted in a manner that clearly identifies the drawing and/or specification section <br />where clarification or interpretation is being requested. <br />ARTICLE 7. FIELD DIRECTIVES <br />The City may at times issue Field Directives to the Contractor based on visits to the Project <br />site. Such Field Directives shall be issued in writing and the Contractor shall be required to comply <br />with such directive. Where the Contractor believes that the directive is outside the scope of the <br />Work, the Contractor shall, within 48 hours, notify the City that the Field Directive is outside <br />the scope of the Work. At that time the Field Directive may be rescinded or the Contractor may be <br />required to submit a request for a Change Order proposal. Where the Contractor is notified of the <br />position that the Field Directive is within the scope and the Contractor disagrees, the Contractor <br />shall notify the City that the Contractor reserves the right to make a claim for the time and <br />monies based on the Field Directive. At no time shall the Contractor refuse to comply with <br />the directive. Failure to comply with the directive may result in a determination that the <br />Contractor is in default of the Agreement. <br />ARTICLE 8. CHANGE ORDERS <br />8.1 Changes in the quantity or character of the Work of the Project which are not properly the <br />subject of Field Directives shall be authorized only by Change Orders approved in advance and <br />issued in accordance with the guidelines of the City. <br />0' 9 <br />
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