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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />with written supporting data. <br /> <br />8.3.3 In the event CITY and CONTRACTOR disagree upon whether CONTRACTOR is <br />entitled to be paid for work required by CITY under 8.3.2, or in the event of any other <br />disagreements over the scope of Work included within the Guaranteed Maximum Price, CITY and <br />CONTRACTOR agree to negotiate in good faith to resolve the issue amicably. As part of the <br />negotiation process, CONTRACTOR shall furnish CITY with a good faith estimate of the costs to <br />perform the disputed work in accordance with CITY' interpretations. If the parties are unable to <br />agree, and CITY expects CONTRACTOR to perform the work in accordance with CITY's <br />interpretations, CONTRACTOR shall proceed to perform the disputed work, conditioned upon <br />CITY issuing a written order to CONTRACTOR director CONTRACTOR to proceed and <br />specifYing CITY's interpretation of the work that is to be performed. In such event, <br />CONTRACTOR shall be entitled to submit in its payment applications an amount equal to fifty <br />percent (50%) of its estimated cost to perform the work, and CITY agrees to pay such amounts, <br />with the express understanding that such payment by CITY does not prejudice CITY's right to argue <br />that it has no responsibility to pay for such work and that receipt of such payment by <br />CONTRACTOR does not prejudice CONTRACTOR's right to seek full payment of the disputed <br />work under the applicable terms of the Agreement in the event the CITY's order is deemed to be a <br />change to the Work. <br /> <br />8.4 <br /> <br />Authorized Variations in Work: <br /> <br />City Manager may authorize minor variations in the Work from the technical <br />requirements of the Contract Documents which do not involve an adjustment in the Guaranteed <br />Maximum Price or the Contract Time and are consistent with the overall intent of the Contract <br />Documents. These may be accomplished by a Field Order and will be binding on CITY and on <br />CONTRACTOR who shall perform the work involved promptly. If the parties disagree as to <br />whether it is within the scope of the Work, the provisions of 8.3.3 shall apply. <br /> <br />8.5 <br /> <br />Reiecting Defective Work: <br /> <br />If City Manager becomes aware of any fault or default in the Work, he shall give <br />proper written notice thereof to CONTRACTOR. <br /> <br />ARTICLE 9 - BUILDING DEPARTMENT'S RESPONSIBILITIES <br /> <br />9.1 Building Department inspectors will serve as CITY's representative regarding <br />inspection of the finished work herein as it pertains to compliance with the Florida Building Code, <br />and the CITY's Code of Ordinances. <br /> <br />ARTICLEI0-BONDSANDINSURANCE <br /> <br />10.1 <br /> <br />Payment and Performance Bonds: <br /> <br />10.1.1 Within fifteen (15) calendar days after Notice of Award and in any event prior to <br /> <br />17 <br />
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