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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 />replaced only with the mutual agreement of Owner and <br />Design-Builder. <br /> <br />2.1.2 Design-Builder shall provide Owner with a <br />monthly status report detailing the progress of the <br />Work, including whether (i) the Work is proceeding <br />according to schedule, (ii) discrepancies, conflicts, or <br />ambiguities exist in the Contract Documents that <br />require resolution, (iii) health and safety issues exist in <br />connection with the Work, and (iv) other items require <br />resolution so as not to jeopardize Design-Builder's <br />ability to complete the Work for the Contract Price and <br />within the Contract Time(s). <br /> <br />2.1.3 Design-Builder shall prepare and submit, at <br />least three (3) days prior to the meeting contemplated <br />by Section 2.1.4 hereof, a schedule for the execution of <br />the Work for Owner's review and response. The <br />schedule shall indicate the dates for the start and <br />completion of the various stages of Work, including the <br />dates when Owner information and approvals are' <br />required to enable Design-Builder to achieve the <br />Contract Time(s). The schedule shall be revised as <br />required by conditions and progress of the Work, but <br />such revisions shall not relieve Design-Builder of its <br />obligations to complete the Work within the Contract <br />Time(s), as such dates may be adjusted in accordance <br />with the Contract Documents. Owner's review of and <br />response to the schedule shall not be construed as <br />relieving Design-Builder of its complete and exclusive <br />control over the means, methods, sequences arid <br />techniques for executing the Work. <br /> <br />2.1.4 The parties will meet within seven (7) days <br />after execution of the Agreement to discuss issues <br />affecting the administration of the Work and to <br />implement the necessary procedures, including those <br />relating to submittals and payment, to facilitate the <br />ability of the parties to perform their obligations under <br />the Contract Documents. <br /> <br />2.2 Design Professional Services <br /> <br />2.2.1 Design-Builder shall, consistent with <br />applicable state licensing laws, provide through <br />qualified, licensed design professionals employed by <br />Design-Builder, or procured from qualified, <br />independent licensed Design Consultants, the <br />necessary design services, including architectural, <br />engineering and other design professional services, for <br />the preparation of the required drawings, specifications <br />and other design submittals to permit Design-Builder to <br /> <br />complete the Work consistent with the Contract <br />Documents. Nothing in the Contract Documents is <br />intended or deemed to create any legal or contractual <br />relationship between Owner and any Design <br />Consultant. <br /> <br />2.3 Standard of Care for Design Professional <br />Services <br /> <br />2.3.1 The standard of care for all design <br />professional services performed to execute the Work <br />shall be the care and skill ordinarily used by members <br />of the design profession practicing under similar <br />conditions at the same time and locality of the Project. <br />Notwithstanding the preceding sentence, if the parties <br />agree upon specific performance standards for any <br />aspect of the Work, which standards are to be set forth <br />in an exhibit 10 the Agreement entitled "Performance <br />Standard Requirements," the design professional <br />services shall be performed to achieve such standards. <br /> <br />2.4 Design Development Services <br /> <br />2.4.1 Design-Builder and Owner shall, consistent <br />with any applicable provision of the Contract <br />Documents, agree upon any interim design submissions <br />that Owner may wish to review, which interim design <br />submissions may include design criteria, drawings, <br />diagrams and specifications setting forth the Project <br />requirements. On or about the time of the scheduled <br />submissions, Design-Builder and Owner shall meet and <br />confer about the submissions, with Design-Builder <br />identifying during such meetings, among other things, <br />the evolution of the design and any significant changes <br />or deviations from the Contract Documents, or, if <br />applicable, previously submitted design submissions. <br />Minutes of the meetings will be maintained by Design- <br />Builder and provided to all attendees for review. <br />FoIlowing the design review meeting, Owner shall <br />review and approve the interim design submissions in a <br />time that is consistent with the turnaround times set <br />forth in Design-Builder's schedule. <br /> <br />2.4.2 Design-Builder shaIl submit to Owner <br />Construction Documents setting forth in detail <br />drawings and specifications describing the <br />requirements for construction of the Work. The <br />Construction Documents shall be consistent with the <br />latest set of interim design submissions, as such <br />submissions may have been modified in a design <br />review meeting. The parties shall have a design review <br />meeting to discuss, and Owner shall review and <br /> <br />2 <br />
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