Reso 2011-1749 - Laserfiche WebLink

Home Browse Search

been obtained. The CONTRACTOR understands and agrees that any work, however characterized, performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for unjust enrichment or quantum meruit with respect to any work performed in the absence of a written Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 13.3 The Guaranteed Maximum Price and Contract Time shall be changed only by Change Order or Written Amendment approved by the City Commission. 13.4 Proposed Change Orders shall be prepared by the CONTRACTOR. 13.5 The CONTRACTOR shall not be entitled to an increase in the Guaranteed Maximum Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified and supplemented. 13.6 If notice of any change affecting the general scope of the work or the provisions of the Contract Documents is required by the provisions of any bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S responsibility and the amount of each applicable bond shall be adjusted accordingly. 13.7 Any claim for adjustment in the Guaranteed Maximum Price or time shall be based upon written notice delivered by the party making the claim to the other Parties not later than ten (10) days after the occurrence or event giving rise to the claims and stating the general nature of the claim. No claim for an adjustment in the Guaranteed Maximum Price or an extension of the contract time will be valid if not submitted in accordance with this Paragraph. 13.8 CONTRACTOR understands and agrees that any information provided to it by the CITY, at any time, as to any aspect of the Project is not guaranteed. The CONTRACTOR is solely liable for all site conditions, including those that are subsurface or otherwise concealed physical conditions which may differ, materially or not, from those the CONTRACTOR encountered during its initial site inspection. Upon identifying subsurface physical conditions that do differ materially from those identified during the CONTRACTOR'S initial inspection, the CONTRACTOR shall notify CITY immediately. The CONTRACTOR shall promptly investigate such conditions and, if the CITY agrees that the concealed physical conditions could not have been detected through a reasonable inspection, then the CONTRACTOR shall be entitled to an extension of time for the completion of the Project as its sole remedy. The CONTRACTOR accepts that any costs or expense associated with any differing site conditions encountered shall be the responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. ARTICLE 14 - NO CHANGES IN GUARANTEED MAXIMUM PRICE 14.1 The Guaranteed Maximum Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Guaranteed Maximum Price. 27 c 0 v ..J