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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 25. CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS <br /> 25.1 Without invalidating the Agreement and without notice to any Surety, the City reserves <br /> and shall have the right, from time to time to make such increases, decreases or other changes in <br /> the character or quantity of the Work as may be considered necessary or desirable to complete fully <br /> and acceptably the proposed construction in a satisfactory manner. Any extra or additional work <br /> within the scope of this Project must be issued in writing in accordance with the requirements <br /> of this Agreement. <br /> 25.2 Any changes to the terms of the Contract Documents must be contained in a written <br /> document, executed by the parties hereto, with the same formality and of equal dignity prior to <br /> the initiation of any Work reflecting such change. This Article shall not prohibit the issuance of <br /> Change Orders executed only by the City as hereinafter provided. <br /> 25.3 Contractor shall increase or decrease the value of the Performance and Payment Bonds <br /> to reflect the Contract Amount, as it may be revised. <br /> ARTICLE 26. COMPLIANCE AND SAFETY PRECAUTIONS <br /> 26.1 The Contractor warrants that it will comply with all safety precautions as required by <br /> federal, state or local laws, rules, regulations and ordinances <br /> 26.2 Contractor warrants that it will adhere to the applicable environmental protection <br /> guidelines for the duration of the Project. If hazardous waste materials are used, detected or <br /> generated at any time, the City Manager or his designee must be immediately notified of each <br /> and every occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and <br /> other legal requirements of public authorities (including, without limitation, OSHA, EPA, <br /> DERM, the City of Sunny Isles Beach, Miami-Dade County, State of Florida, and Florida <br /> Building Code) which bear on the performance of the Work. <br /> 26.3 If an emergency condition should develop during the Project, the Contractor must <br /> immediately notify the City Manager or his designee of each and every occurrence. The <br /> Contractor should also recommend any appropriate course(s) of action to the City Manager or <br /> his designee. <br /> ARTICLE 27. NOTICES <br /> Whenever either party desires to give written notice to the other, such must be addressed to the party <br /> for whom it is intended at the place last specified; and the place for giving of notice shall remain <br /> such until it shall have been changed by written notice given in accordance with the provisions of <br /> this Article. Notice shall be deemed given on the date received or within 3 days of mailing, if <br /> mailed through the United States Postal Service. Notice shall be deemed given on the date sent <br /> via e-mail or facsimile. Notice shall be deemed given via courier/delivery service upon the initial <br /> delivery date by the courier/delivery service. For the present, the parties designate the following <br /> as the respective places for giving of notice: <br /> C6I54-1617-036-EBSARY FOUNDATION CO. 16 <br />
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