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Reso 2016-2515
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Reso 2016-2515
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Last modified
2/18/2016 11:31:16 AM
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2/18/2016 11:31:09 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2016-2515
Date (mm/dd/yyyy)
01/21/2015
Description
Ric-Man 1st Amd to Agmt Design/Construct Pedestrian Bridge Gateway Pk
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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 Agreement. 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 /> 5 ' <br /> J :. <br /> • <br />
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