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Reso 2012-1834
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Reso 2012-1834
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Last modified
4/9/2012 4:20:03 PM
Creation date
2/1/2012 10:02:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1834
Date (mm/dd/yyyy)
01/19/2012
Description
RFP 11-11-03/Agmt w/Tenex: Collins Ave (West Side) Sidewalk Pavers
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<br />the modification or supplement may be rescinded or the Contractor may be required to <br />submit a request for a Change Order proposal. Where the Contractor is notified of the <br />City's position that the modification or supplement is within the scope and the <br />Contractor disagrees, the Contractor shall notify the City or its designee that the <br />Contractor reserves the right to make a claim for the time and monies based on the <br />modification or supplement. At no time shall the Contractor refuse to comply with the <br />modification or supplement. <br /> <br />19.3 When, in the opinion of the City or its designee, it becomes necessary to explain the <br />Work to be done more fully, or to illustrate the Work further, or to show any changes <br />which may be required, supplementary drawings, with specifications pertaining thereto, <br />will be prepared by the City or its Designee. The supplementary drawings shall be <br />binding upon Contractor with the same force as the Contract Documents. Where such <br />supplementary drawings require either less or more than the original quantities of work, <br />appropriate adjustments shall be made by Change Order. <br /> <br />19.4 The City or its designee, as applicable, shall have the right to approve and issue <br />Supplemental Instructions setting forth written orders, instructions, or interpretations <br />concerning the Contract Documents or its performance. <br /> <br />ARTICLE 20. CONTINUING THE WORK <br /> <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 <br />concerning a request for a Change Order, the Contract Amount, the Contract Time, or <br />Time for Completion. The Work shall not be delayed or postponed pending resolution <br />of any disputes or disagreements. All disputes shall be resolved in accordance with <br />Article 37 pertaining to Mediation and Arbitration of Disputes. <br /> <br />ARTICLE 21. AUTHORITY OF THE CITY AND ITS DESIGNEE <br /> <br />21.1 The City or its designee shall determine or answer, all questions of any nature <br />whatsoever arising out of, under or in connection with, or in any way relating to or on <br />account of the Work, and/or as to the interpretation of the Work to be performed. <br /> <br />21.2 The Contractor shall be bound by all determinations or orders of the City or its <br />Designee and shall promptly respond to requests of the City or its Designee, including <br />the withdrawal or modification of any previous order, and regardless of whether the <br />Contractor agrees with the City's or its designee's determination or requests. <br /> <br />21.3 The City's designee shall have authority to act on behalf of the City to the extent <br />provided by the Agreement, unless otherwise modified in writing by the City. All <br />instructions to the Contractor shall be issued in writing. All instructions to the <br />Contractor shall be issued through the City or its designee. <br /> <br />CONSTRUCTION SERVICE CONTRACT NO. CI 112-01 I <br /> <br />Page 14 of28 S. ,~ r() <br />:10 <br />
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