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Reso 2017-2663
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Reso 2017-2663
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Last modified
3/1/2017 3:08:21 PM
Creation date
3/1/2017 3:07:41 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2663
Date (mm/dd/yyyy)
02/16/2017
Description
Agreement #1 w/Ebsary to Construct Ped/Emergency Bridge
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ARTICLE 18. OWNERSHIP AND USE OF DOCUMENTS <br /> The Drawings, Specifications and other documents prepared by the City and copies thereof <br /> furnished to the Contractor, are for use solely with respect to this Agreement. They are not to be <br /> used by the Contractor, Sub-Contractors, and/or material suppliers on other projects, without <br /> the specific express written consent of the City. The Contractor, Sub-Contractors, and/or material <br /> suppliers are granted only a limited license to use and reproduce applicable portions of the Drawings, <br /> Specifications, and other documents prepared by the City or its designee, appropriate to and for use <br /> in the execution of their Work under this Agreement. <br /> ARTICLE 19. PLANS, SPECIFICATIONS AND WORKING DRAWINGS <br /> 19.1 The City shall have the right to modify the details of the Plans, Specifications, and Working <br /> Drawings with additional plans, drawings or additional information as the Work proceeds, all of <br /> which shall be considered as part of the Contract Documents. <br /> 19.2 Where the Contractor believes that the modification or supplement is outside the Scope <br /> of the Work, the Contractor shall, within 72 hours, notify the City that the modification or <br /> supplement is outside the scope of the Work. At that time the modification or supplement may be <br /> rescinded or the Contractor may be required to submit a request for a Change Order proposal. <br /> Where the Contractor is notified of the City's position that the modification or supplement is <br /> within the scope and the Contractor disagrees, the Contractor shall notify the City that the <br /> Contractor reserves the right to make a claim for the time and monies based on the modification <br /> or supplement. At no time shall the Contractor refuse to comply with the modification or <br /> supplement. <br /> 19.3 When, in the opinion of the City, it becomes necessary to explain the Work to be done more <br /> fully, or to illustrate the Work further, or to show any changes which may be required, <br /> supplementary drawings, with specifications pertaining thereto, will be prepared by the City or its <br /> Designee. The supplementary drawings shall be binding upon Contractor with the same force as the <br /> Contract Documents. Where such supplementary drawings require either less or more than the <br /> original quantities of work, appropriate adjustments shall be made by Change Order. <br /> 19.4 The City shall have the right to approve and issue Supplemental Instructions setting forth <br /> written orders, instructions, or interpretations concerning the Contract Documents or its <br /> performance. <br /> ARTICLE 20. CONTINUING THE WORK <br /> Contractor shall carry on the Work and adhere to the progress schedule during all disputes or <br /> disagreements with the City, including, without limitation, disputes or disagreements concerning a <br /> request for a Change Order, the Contract Amount, the Contract Time, or Time for Completion. <br /> The Work shall not be delayed or postponed pending resolution of any disputes or <br /> disagreements. All disputes shall be resolved in accordance with Article 40 pertaining to <br /> Mediation and Arbitration of Disputes. <br /> C6154-1617-036-EBSARY FOUNDATION CO. 13 <br />
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