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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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all applicable codes. The CONTRACTOR shall be responsible for complying with all inspections <br />and all costs associated therewith shall be deemed the responsibility of the CONTRACTOR and <br />included in the GMP. <br />11.5.3 The payment of any compensation whatever may be its character or form, or the <br />giving of any gratuity or the granting of any favor by the CONTRACTOR to any inspectors, <br />directly or indirectly is strictly prohibited and any such action on the part of the CONTRACTOR <br />will constitute a breach of this Agreement. <br />ARTICLE 12 - CONTRACT TIME <br />12.1 Change of Contract Time. <br />ALL TIME LIMITS STATED IN THE CONTRACT DOCUMENTS ARE OF <br />THE ESSENCE OF THE AGREEMENT. EXCEPT AS PROVIDED HEREIN, NO CLAIM <br />FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME <br />SHALL BE MADE OR ASSERTED AGAINST THE CITY BY REASON OF ANY <br />DELAYS. CONTRACTOR shall not be entitled to an increase in the construction cost or payment <br />or compensation of any kind from CITY for direct, indirect, consequential, impact or other costs, <br />expenses or damages including but no limited to costs of acceleration or inefficiency, arising <br />because of delay, disruption, interference or hindrance from any cause whatsoever, whether such <br />delay, disruption, interference be reasonable or unreasonable, foreseeable or unforeseeable, or <br />avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of <br />damages by CONTRACTOR for hindrances or delays due solely to fraud, bad faith or active <br />interference on the part of CTI'Y or its agents. If CONTRACTOR is delayed at any time in the <br />progress of the Work by labor disputes, fire, unusual delay in deliveries, adverse weather conditions <br />not reasonably anticipated (including strong storms, tropical storms and/or hurricanes which are <br />common between June 1 and November 30), unavoidable casualties or other causes beyond the <br />CONTRACTOR's control, or by other causes which the CITY and CONTRACTOR agree may <br />justify delay, then the Contract Time shall be reasonably extended by Change Order. Otherwise, <br />CONTRACTOR shall be entitled only to extensions of the Contract Time as the sole and exclusive <br />remedy for such resulting delay, in accordance with and to that extent specifically provided above. <br />No extension of time shall be granted for delays resulting from normal weather conditions <br />prevailing in the area which necessarily excludes strong storms, tropical stones and/or hurricanes <br />which are common between June 1 and November 30. <br />12.2 No Recovery for Early Completion. If the CONTRACTOR submits a schedule or <br />expresses an intention to complete the Work earlier than any required milestone or completion date, <br />the CITY shall not be liable to the CONTRACTOR for any costs incurred because of delay or <br />hindrance should the CONTRACTOR be unable to complete the Work before such milestone or <br />completion date. The duties, obligations and warranties of the CfTY to the CONTRACTOR shall <br />be consistent with and applicable only to the completion of the Work and completion dates set forth <br />in this Agreement. <br />25 <br />SIB �P <br />
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