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Reso 2010-1522
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Reso 2010-1522
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Last modified
1/25/2016 10:38:52 AM
Creation date
9/30/2010 11:31:21 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1522
Date (mm/dd/yyyy)
01/28/2010
Description
Agmt w/West Construction:Design/Build Skateboard Pk TCP/RFP 09-11-01
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<br />Article 4: Ownership of Work Product <br /> <br />4.1 Work Product. The Design Plans to be produced by Design-Builder, and in <br />addition all reports, estimates, logs, original drawings, and other materials furnished, <br />prepared or executed by Design-Builder during the term of and in accordance with the <br />provisions of this Contract (hereinafter, "Work Product") shall be the property of the <br />Owner and delivered to the Owner upon demand; provided, however the Owner agrees to <br />each of the following conditions (I) Owner's use of such Work Product prior to the Final <br />Design Plans being sealed by or at the direction of Design-Builder and approved by <br />Owner, shall be at Owner's risk and without the warranties otherwise applicable as to <br />such Design Plans; and (2) not to use the Work Product on another project without <br />Design-Builder's consent. <br /> <br />Article 5: Contract Time <br /> <br />5.1 Date of Commencement. The Work shall commence on the date of the Notice to <br />Proceed ("Date of Commencement") unless the parties mutually agree otherwise in <br />writing. <br /> <br />5.2 Substantial Completion and Final Completion. <br /> <br />5.2.1 Substantial Completion of the entire Work shall be achieved no later than 180 <br />calendar days from the Notice to Proceed ("Scheduled Substantial Completion Date") <br /> <br />5.2.2 Final Completion of the Work or identified portions of the Work shall be <br />achieved as expeditiously as reasonably practicable. <br /> <br />5.2.3 All of the dates set forth in this Article 5 ("Contract Tine(s)") shall be subject to <br />adjustment in accordance with the General Conditions of Conduct. <br /> <br />5.2.4 Time is of the Essence. Owner and Design-Builder mutually agree that time is of <br />the essence with respect to the dates and times set forth in the Contract Documents. <br /> <br />5.2.5 Liquidated Damages. Design-Builder understands that if the Substantial <br />Completion is not attained by the Scheduled Substantial Completion Date, Owner will <br />suffer damages which are difficult to determine and accurately specify. Design-Builder <br />agrees that if Substantial Completion is not attained by 180 calendar days from the Notice <br />to Proceed then Designer-Builder shall pay Owner Five Hundred Dollars ($500.00) as <br />liquidated damages for each day that extends beyond the substantial Completion Date. <br /> <br />Article 6: Contract Price <br /> <br />6.1 Contract Price. Owner shall pay Designer-Builder in accordance with Article 6 <br />of the General Conditions of Contract the sum of Two Hundred and Fifty Thousand <br />Dollars ($250,000.00) ("Contract Price") subject to adjustments made in accordance with <br />the General Conditions of Contract. Unless otherwise provided in the Contract <br />
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