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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 1 <br />General <br /> <br />1.1 Mutual Obligations <br /> <br />1.1.1 Owner and Design-Builder commit at all <br />times to cooperate fully with each other, and proceed <br />on the basis of trust and good faith, to permit each <br />party to realize the benefits afforded under the Contract <br />Documents. <br /> <br />1.2 <br /> <br />Basic Definitions <br /> <br />1.2.1 Agreement refers to the executed contract <br />between Owner and Design-Builder. <br /> <br />1.2.2 Day or Days shall mean calendar days unless <br />otherwise specifically noted in the Contract <br />Documents. <br /> <br />1.2.3 Design Consultant is a qualified, licensed <br />design professional who is not an employee of Design- <br />Builder, but is retained by Design-Builder, or <br />employed or retained by anyone under contract with <br />Design-Builder or Subcontractor, to furnish design <br />services required under the Contract Documents. <br /> <br />1.2.4 Hazardous Conditions are any materials, <br />wastes, substances and chemicals deemed to be <br />hazardous under applicable Legal Requirements, or the <br />handling, storage, remediation, or disposal of which are <br />regulated by applicable Legal Requirements. <br /> <br />1.2.5 General Conditions of Contract refer to this <br />document. <br /> <br />1.2.6 Legal Requirements are all applicable federal, <br />state and local laws, codes, ordinances, rules, <br />regulations, orders and decrees of any government or <br />quasi-government entity having jurisdiction over the <br />Project or Site, the practices involved in the Project or <br />Site, or any Work. <br /> <br />.- <br /> <br />1.2.7 Owner's Project Criteria (or, alternatively, <br />"Owner's Design Criteria ") are developed by or for <br />Owner to describe Owner's program requirements and <br />objectives for the Project, including use, space, price, <br />time, site and expandability requirements, as well as <br />submittal requirements and other requirements <br />governing Design-Builder's performance of the Work. <br />Owner's Project Criteria may include conceptual <br />documents, design criteria, performance requirements <br />and other Project-specific technical materials and <br />requirements. <br /> <br />1.2.8 Site is the land or premises on which the <br />Project is located. <br /> <br />1.2.9 Subcontractor is any person or entity retained <br />by Design-Builder as an independent contractor to <br />perform a portion of the Work and shall include <br />materialmen and suppliers. <br /> <br />1.2.10 Sub-Subcontractor is any person or entity <br />retained by a Subcontractor as an independent <br />contractor to perform any portion of a Subcontractor's <br />Work and shall include materialmen and suppliers. <br /> <br />1.2.11 Substantial Completion is the date on which <br />the Work, or an agreed upon portion of the Work, is <br />sufficiently complete so that Owner can occupy and <br />use the Project or a portion thereof for its intended <br />purposes. <br /> <br />1.2.12 Work is comprised of all Design-Builder's <br />design, construction and other services required by the <br />Contract Documents, including procuring and <br />furnishing all materials, equipment, services and labor <br />reasonably inferable from the Contract Documents. <br /> <br />Article 2 <br /> <br />Design-Builder's Services and <br />Responsibilities <br /> <br />2.1 General Services <br /> <br />2.1.1 Design-Builder's Representative shall be <br />reasonably available to Owner and shall have the <br />necessary expertise and experience required to <br />supervise the Work. Design-Builder's Representative <br />shall communicate regularly with Owner and shall be <br />vested with the authority to act on behalf of Design- <br />Builder. Design-Builder's Representative may be <br /> <br />,.' <br />
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