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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
Creation date
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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13.2 All Change Orders which,individually or when cumulatively increase the cost of the <br /> work,or which extend the time for completion,must be formally authorized and approved by the City <br /> Commission prior to their issuance and before work may begin. No claim against CITY for Extra <br /> Work in furtherance of such Change Order shall be allowed unless prior approval has been obtained. <br /> The CONTRACTOR understands and agrees that any work, however characterized, performed by <br /> the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without <br /> exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for <br /> unjust enrichment or quantum meruit with respect to any work performed in the absence of a written <br /> Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no <br /> event shall such written waiver extend to any subsequent event. <br /> 13.3 The Guaranteed Maximum Price and Contract Time shall be changed only by Change <br /> Order or Written Amendment approved by the City Commission. <br /> 13.4 Proposed Change Orders shall be prepared by the CONTRACTOR. <br /> 13.5 The CONTRACTOR shall not be entitled to an increase in the Guaranteed Maximum <br /> Price or an extension of the Contract Time with respect to any work performed that is not required by <br /> the Contract Documents as amended,modified and supplemented. <br /> 13.6 If notice of any change affecting the general scope of the work or the provisions of <br /> the Contract Documents is required by the provisions of any bond to be given to a surety,the giving <br /> of any such notice will be CONTRACTOR'S responsibility and the amount of each applicable bond <br /> shall be adjusted accordingly. <br /> 13.7 Any claim for adjustment in the Guaranteed Maximum Price or time shall be based <br /> upon written notice delivered by the party making the claim to the other Parties not later than ten(10) <br /> days after the occurrence or event giving rise to the claims and stating the general nature of the claim. <br /> No claim for an adjustment in the Guaranteed Maximum Price or an extension of the contract time <br /> will be valid if not submitted in accordance with this Paragraph. <br /> 13.8 CONTRACTOR understands and agrees that any information provided to it by the <br /> CITY,at any time, as to any aspect of the Project is not guaranteed. The CON I RACTOR is solely <br /> liable for all site conditions, including those that are subsurface or otherwise concealed physical <br /> conditions which may differ, materially or not, from those the CONTRACTOR encountered during <br /> its initial site inspection. Upon identifying subsurface physical conditions that do differ materially <br /> from those identified during the CONTRACTOR'S initial inspection, the CONTRACTOR shall <br /> notify CITY immediately. The CONTRACTOR shall promptly investigate such conditions and, if <br /> the CITY agrees that the concealed physical conditions could not have been detected through a <br /> reasonable inspection, then the CONTRACTOR shall be entitled to an extension of time for the <br /> completion of the Project as its sole remedy. The CONTRACTOR accepts that any costs or expense <br /> associated with any differing site conditions encountered shall be the responsibility of the <br /> CONTRACTOR and included in the Guaranteed Maximum Price. <br /> 27 'J; ..._, <br />
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