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Reso 2002-433
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Reso 2002-433
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Last modified
7/2/2013 4:27:16 PM
Creation date
1/25/2006 1:57:02 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2002-433
Date (mm/dd/yyyy)
04/18/2002
Description
– Agmt w/Weitz Company: Construction Srvs for New City Hall.
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<br />equipment fabricated to a special design. from whom proposals will be requested for each principal portion of the Work. The <br />Architect will promptly reply in writing to the Contractor if the Architect or Owner know of any oQjection to such subcontractor or <br />sup-plier. The receipt of such list shall not require the Owner or Architect to investigate the qualifications of proposed subcontractors <br />or sup-pliers. nor shall it waive the right of the Owner or Architect later to obiect to or reiect any proposed subcontractor or supJ'lier. <br />2.1.6 Lon2-Lead Time Items: The Contractor shall recommend to the Owner a schedule for procurement oflong-Iead time items <br />which will constitute part of the Work as required to meet the Project schedule. If such long-lead time items are procured by the <br />Owner. they shall be procured on tenns and conditions acce-ptable to the Contractor. Upon the Owner's acce-ptance of the Contractor's <br />Guaranteed Maximum Price proposal for the entire Work. all contracts for such items shall be assigned by the Owner to the <br />Contractor. who shall accept resJ'onsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery <br />oflong-Iead time items. <br />2.1.7 Extent of Responsibilitv: The Contractor does not warrant or guarantee estimates and schedules except for such estimates and <br />schedules as set forth in the Agreement. The recommendations and advice of the Contractor concerning desilPl alternatives shall be <br />subiect to the review and a'p-proval of the Owner and the Owner's professional consultants. It is not the Contractor's re~onsibility to <br />ascertain that the Drawings and Specifications are in accordance with &p'plicable laws. statutes. ordinances. building codes. rules and <br />regulations. However. if the Contractor discovers that portions of the Drawings and Specifications are at variance therewith. the <br />Contractor shall promptly notify the Architect and Owner in writing. <br />2.1.8 The Owner shall authorize and cause the Architect and other DesilPl Consultants to revise the Drawings and Specifications to the <br />extent necessary to reflect the agreed-upon assUlllPtions. clarifications. and value analysis items contained in any amendments which <br />establishes a GMP. Such revised Drawings and Specifications shall be furnished to the Contractor in accordance with schedules <br />agreed to by the Owner. Architect and Contractor. The Contractor shall promptly notify the Architect and Owner if such revised <br />Drawings and Specifications are inconsistent with the agreed-upon assUlllPtions and clarifications. <br />2.1.9 Preconstruction Fee: The Contractor's fee for services during the Preconstruction Phase shall be established as a monthly not <br />to exceed cost of Twelve Thousand. Five Hundred Dollars ($12.500.00). It is anticipated that the Preconstruction Phase shall be no <br />longer than March 15. 2002 - October 15.2002. excluding any delays outside the control of the Contractor. <br />The not to exceed amount shall include all costs related to the Preconstruction Services with the exception of blueprinting <br />costs which will be billed separately and charged at cost. <br />Preconstruction Phase services shall be billed monthly. with invoices submitted by the 10th of the following month and <br />payment made within twenty days of receipt of invoice. The basis of cost shall be actual cost with the charging rates included in this <br />Agreement used where applicable. <br />2.1.10 Contractor shall provide a Preconstruction schedule within two weeks of receipt of pertinent design schedule information from <br />the Architect. <br /> <br />ARTICLE 3 RELATIONSHIP OF THE PARTIES <br />The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to <br />cooperate with the Architect and exercise the Contractor's skill and judgment in furthering the interests of the Owner; to furnish <br />efficient business administration and supervision; to furnish at all times an adequate supply of workers and materials; and to <br />perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish <br />and approve, in a timely manner, information required by the Contractor and to make payments to the Contractor in accordance <br />with the requirements of the Contract Documents. <br /> <br />ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION <br />4.1 The date sf eemmeaeemeBt sf the '.l/ erk shall be the date ef this .^.greemeHt unless a differeHt date is stated below or <br />prsvisisa is made fer the date te Be fixed ia a HOtiee te preeees issaes BY the O\vaer. <br />(Insert the date of commencement. if it differs from the date of this Agreement or. if applicable, state that the date will be fixed in a notice to proceed.) <br />The date of commencement is the date from which the Contract Time of Subparagraph 4.3 is measured. and it shall be the latest of <br />the following dates: (1) the date established by a Notice to Proceed issued by the Owner. (2) the date all governmental permits <br />and ap.provals necessary to commence and continue the Work on an ongoing basis are received. or (3) the date of Contractor's <br />acceptance of evidence pursuant to General Conditions Subparagraph 2.2.1. The date of commencement shall be no later than <br />Ninety (90) days after the Guaranteed Maximum Price is established. If the date of commencement is later than Ninety (90) days <br />after the Guaranteed Maximum Price is established. the Contract Sum and Contract Time shall be equitably adjusted. as agreed <br />upon by both parties. <br /> <br />If, prior to commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, <br />the Owner's time requirement shall be as follows: <br /> <br />@ AlA DOCUMENT Alii -OWNER - CONTRACTOR AGREEMENT - 1997 EDlTlON - AlA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF <br />ARCHITECTS, 1735 NEW YORK AVENUE N.W,. WASHINGTON, D,C, 20006-5292, WARNING: Unlicensed photocopying violates U,S, copyright laws and will <br />subject the violator to legal prosecution, This document was electronically produced with permission of the AlA and can be reproduced without violation until the date <br />of expiration as noted below, expiration as noted below, expiration as noted below, User Document: a III city of sunny,aia -- 4/11/2002, AlA License Number <br />1000746, which expires on 8/8/2002, <br /> <br />Electronic Format All 1-1997 <br />, ~\ <br />3:j,"-..' <br />
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