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Reso 2024-3674
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Reso 2024-3674
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Last modified
8/5/2024 9:05:08 AM
Creation date
7/31/2024 3:49:24 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3674
Date (mm/dd/yyyy)
06/20/2024
Description
Approving Agreement w/ Nunez Construction for installation of an ER Generator and Building Restorations at Gateway Community Center.
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8.3.5.1. In no event, and under no circumstances, shall the Contract Sum be increased <br />for, nor shall the Contractor claim, recover, or receive payment for, any cost, expense, <br />damages, or compensation of any kind by reason of any delay to the Project, whether critical <br />or non-critical, and whether caused in whole or in part by the City. The Contractor shall not <br />be entitled to any direct, indirect, consequential, impact, or other costs, expenses, or <br />damages, including but not limited to, costs of acceleration or inefficiency, arising because <br />of delay, disruption, interference, or hindrance from any cause whatsoever, whether such <br />delay, disruption, interference, or hindrance be reasonable or unreasonable, foreseeable or <br />unforeseeable, or avoidable or unavoidable. <br />It is further agreed that such direct costs do include the Contractor's home office overhead, <br />loss of efficiency, consequential damages, or equipment costs in excess of actual equipment <br />rental paid by the Contractor to a third party. The Contractor's sole and exclusive remedy <br />for delay, hindrance, and disruption shall be an extension of the Contract Time provided a <br />claim for same is made and is allowable pursuant to the provisions of Paragraph 8.3.5 <br />hereinabove. <br />8.4 Field Orders <br />8.4.1. The Engineer/ Architect after first obtaining approval from the City, shall have <br />-authority to order minor changes in the Work not involving a change in the ContractPr5ceor <br />in :,Contract Time and not inconsistent with the intent of the Contract. Such changes shall <br />be effected by Field Order and shall be binding upon the Contractor. The Contractor shall <br />carry out such Field Orders promptly. <br />ARTICLE IX <br />SUBCONTRACTORS <br />9.1 Definition <br />9.1.1. A Subcontractor is an entity that has a direct contract with the Contractor to <br />perform a portion of the Work. <br />9.2 Award of Subcontracts <br />9.2.1. Upon execution of the Contract, or as may be required by the Instructions to <br />Bidders, the Contractor shall furnish the City, in writing, the names of persons or entities <br />proposed by the Contractor to act as a Subcontractor on the Project. The City shall promptly <br />reply to the Contractor, in writing, stating any objections the City may have to such <br />proposed Subcontractor. The Contractor shall not enter into a Subcontract with a proposed <br />Subcontractor with reference to whom the City has made timely objection. The Contractor <br />shall not be required to Subcontract with any party to whom the Contractor has objection. <br />Page 25 of 43 <br />293 <br />
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