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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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2.3.3 A Work Change Directive. <br />2.4 Supplements, Minor Variations or Deviations. <br />CITY will not authorize any Change Orders to the Contract Documents, except in a <br />manner set forth in this Agreement and allowed by law. CONTRACTOR covenants and agrees <br />that CITY shall not be responsible for the costs above those set forth herein unless the same are set <br />forth in a Change Order. Any and all Change Orders issued by the authority of an entity not a party <br />to this Agreement shall not be compensated by CITY, and shall not constitute a Change Order. <br />2.5 Representation of CONTRACTOR. <br />Execution of the Contract by the CONTRACTOR is a representation that <br />CONTRACTOR has visited the site and become familiar with the local conditions under which the <br />Work is to be performed. <br />2.6 Before Commencing Operation. <br />Before undertaking each part of the Work, CONTRACTOR shall carefully study <br />and compare the Contract Documents and check and verify pertinent figures shown thereon. <br />ARTICLE 3 — SCOPE OF WORK <br />3.1 Scope of Work. <br />3.1.1 The CONTRACTOR shall provide services for the designing and construction of <br />the Project as described in the Contract Documents with all required minimum standards of <br />construction as inquired by the Contract Documents. When words which have a well -known <br />technical or trade meaning are used to describe Work, materials or equipment such words shall be <br />interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes <br />of any technical society, organization or association, or to the laws or regulations of any <br />governmental authority, whether such reference be specific or by implication, shall mean the latest <br />standard specification, manual, code or laws or regulations in effect at the time of contract award, <br />except as may be otherwise specifically stated. <br />3.1.2 The CONTRACTOR agrees to provide each and every item of expense necessary <br />for the design and construction of the Project in accordance with and within the scope of the <br />Guaranteed Maximum Price. It is agreed between the Parties that the Contract Documents describe <br />a functionally complete Project consisting of total design performed by the design professional and <br />construction to be completed in accordance with the Contract Documents. It is further agreed that <br />the CONTRACTOR warrants that any and all Work, materials or equipment that may reasonably <br />be inferred from the Contract Documents as being required to produce the intended result will be <br />supplied by the CONTRACTOR at its own costs within the Guaranteed Maximum Price, whether <br />or not specifically called for. The CONTRACTOR warrants and accepts that any and all repair <br />work required during the construction phase, irrespective of the cause, shall be deemed the <br />responsibility of the CONTRACTOR and included in the Guaranteed Maximum Price. The <br />6 <br />SIB <br />vIB <br />
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