Reso 2011-1749 - Laserfiche WebLink

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the Work and certain administrative details applicable thereto that the CONTRACTOR is obligated to prepare to the complete satisfaction of the CITY which is deemed one hundred percent (100%) complete for the construction of the entire Project 1.17 Proiect - The Project means the total and complete design and construction a Park and a three hundred eight (308) space Parking Garage consistent with structural design and aesthetic standards of City owned garage located at Heritage Park, associated landscape, irrigation work, underground drainage system, and as generally described in a schematic proposal submitted to the CITY on April 21, 2011, and all other incidentals thereto identified by the CITY during the design and construction phases of the Project which the CITY concludes, at its sole discretion, are required to be included complete the Project. The schematic proposal is attached hereto as Exhibit "B", as may be modified in accordance with 5 .1. 3 of this Agreement. . 1.18 Subcontractor - An individual, fIrm or corporation having a direct Contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.19 Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor. 1.20 Build. Work - Shall be defmed to include all of the services under the defmition of Design- 1.21 Work Change Directive - A written directive to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by CITY and recommended by City Manager or designee ordering an addition, deletion or revision in the Work. A Work Change Directive shall not change the Guaranteed Maximum Price or Time, but demonstrates a desire that the parties expect that the change directed or documented by a Work Change Directive may be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Guaranteed Maximum Price or Contract Time. Notwithstanding the foregoing, the CONTRACTOR understands and agrees that the decision by the CITY to sign a Change Order is completely and totally within the CITY'S discretion and that if the CITY decides not to execute a Change Order, the CONTRACTOR shall not be entitled to recover any compensation whatsoever for the work performed under the Work Change Directive. The CONTRACTOR understands and agrees that any work, however characterized, performed by the CONTRACTOR without the CITY'S prior written approval shall not be compensable, without exception. The CONTRACTOR intentionally, knowingly and voluntarily waives any claim for unjust enrichment or quantum meruit with respect to any work performed in the absence of a written Change Order. Any waiver of this provision must be in writing and signed by both Parties and in no event shall such written waiver extend to any subsequent event. 1.22 Written Amendment - A written amendment of the Contract Documents, signed by CITY and CONTRACTOR on or after the Effective Date of the Agreement. 4 )