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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />ARTICLE 7 - CITY'S RESPONSIBILITIES <br />7.1 CITY shall furnish data required of CITY under the Contract Documents promptly. <br /> <br />7.2 Except for permits and fees which are the responsibility of CONTRACTOR, CITY <br />shall secure necessary easements, assessments, and charges required for construction, use, or <br />occupancy of permanent structures or permanent changes in existing facilities. <br /> <br />7.3 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled <br />workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way <br />that the completed Work will conform to the Contract Documents, CITY may order <br />CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been <br />eliminated; however, this right of CITY to stop the Work shall not give rise to any duty on the part <br />of CITY to exercise this right for the benefit of CONTRACTOR or any other party. <br /> <br />ARTICLE 8 - CITY MANAGER OR DESIGNEE'S RESPONSIBILITIES <br /> <br />8.1 City Manager will be CITY'S contact person during the construction period and <br />until final payment is due to CONTRACTOR. <br /> <br />8.2 <br /> <br />Visits to Site:. <br /> <br />City Manager will make visits to the site at intervals appropriate to the various <br />stages of construction to observe the progress and quality of the executed work and to determine, in <br />general, if the Work is proceeding in accordance with the Contract Documents. Public Services <br />Director's efforts will be directed toward providing for CITY a greater degree of confidence that the <br />completed work will conform to the Contract Documents. On the basis of such visits and on-site <br />inspections, Public Services Director shall keep CITY informed of the progress of the work and <br />shall endeavor to guard CITY against defects and deficiencies in the work. <br /> <br />8.3 <br /> <br />Technical Clarifications and Interpretations: <br /> <br />8.3.1 City Manager will issue, with reasonable promptness, such written <br />clarifications or interpretations of the technical requirements of the Contract Documents as Public <br />Services Director may determine necessary, which shall be consistent with or reasonably inferable <br />from the overall intent of the Contract Documents. Should CONTRACTOR fail to request <br />interpretation of questionable items in the Contract Documents neither CITY nor Public Services <br />Director will thereafter entertain any excuse for failure to execute the Work in a satisfactory <br />manner. <br /> <br />8.3.2 City Manager will interpret and decide matters concerning performance <br />under the requirements of the Contract Documents upon written request of either CITY or <br />CONTRACTOR. Public Services Director will make initial decisions on all claims, disputes or <br />other matters in question between CITY and CONTRACTOR. Written notice of each such claim, <br />dispute or other matter will be delivered by claimant to Public Services Director and the other party <br />but in no event later than ten (10) days after the occurrence of the event giving rise thereto, together <br /> <br />16 <br />
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