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Reso 2017-2657
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Reso 2017-2657
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Last modified
3/1/2017 2:56:09 PM
Creation date
3/1/2017 2:56:03 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2657
Date (mm/dd/yyyy)
02/16/2017
Description
1st Amd to Agmt w/West Construction for Samson Oceanfront Park
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expense, to promptly repair or replace (including cost of removal and installation), that item <br /> (or part or component thereof) which proves defective or fails to comply with the Agreement <br /> within the warranty period such that it complies with the Agreement. <br /> • <br /> ARTICLE 11. CLEANING UP —THE CITY'S RIGHT TO CLEAN UP <br /> Contractor shall at all times keep the premises free from accumulation of waste materials or <br /> rubbish caused by its operations. At the completion of the Project, Contractor shall remove all <br /> its waste materials and rubbish from and about the Project as well as its tools, construction <br /> equipment, machinery and surplus materials. If Contractor fails to clean up during the <br /> prosecution of the Work or at the completion of the Project, the City may do so and the cost <br /> thereof shall be charged to Contractor. Cleaning operations should be controlled to limit dust <br /> and other particles adhering to existing surfaces. <br /> ARTICLE 12. REMOVAL OF EQUIPMENT <br /> In case of termination of this Agreement before completion for any cause whatsoever, <br /> Contractor, if notified to do so by the City, shall promptly remove any part or all of Contractor's <br /> equipment and supplies from the property of the City. If the Contractor fails to comply with the <br /> City's order, the City shall have the right to remove such equipment and supplies at the expense <br /> of Contractor. <br /> ARTICLE 13. CONTRACT DOCUMENTS <br /> The Contract Documents shall consist of this Agreement, Imitation to Bid No. 15-05-01, any <br /> Addenda to the Invitation to Bid, including any Supplemental Terms and Conditions, the <br /> Contractor's response to the Invitation to Bid, the Bid Bond, the Payment and Performance Bond, <br /> Contractor's Schedule of Value, approved written interpretations and clarifications, Field <br /> Directives, Construction Change Directives, any Change Orders issued thereto, and any <br /> modifications, duly issued after execution of the Agreement. Any modification to this Agreement <br /> shall only be effective if it is reduced to writing, and duly executed by both parties, except a Field <br /> Directive or Constructive Change Directive shall be effective after approval and execution by <br /> the City.. The general intent of the Contract Documents is to include all items necessary for <br /> the proper execution and completion of the Project by the Contractor. <br /> ARTICLE 14. SITE INVESTIGATION AND REPRESENTATION <br /> 14.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of <br /> the Work, the general and local conditions, particularly those bearing upon availability of <br /> transportation, disposal, handling and storage of materials, availability of labor, water, electric <br /> power, and roads, the conformation and conditions at the ground and all other matters which can <br /> in any way affect the Work or the Contract Amount. <br /> 14.2 The Contractor further acknowledges that it has satisfied itself as to the character, <br /> quality, and quantity of surface and subsurface materials to be encountered from evaluating <br /> information included in the Contract Documents. Any failure by the Contractor to acquaint itself <br /> with all the provided information will not relieve Contractor from responsibility for properly <br /> estimating the difficulty or cost thereof under the Contract Documents. <br />
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