Reso 2013-2040 - Laserfiche WebLink

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5.1.2 The initial sum total of ($950,000.00,) Nine Hundred Fifty Thousand Dollars shall be attributed to the design phase, with the remaining amount attributed to the construction phase. Ownership in the signed and sealed 100% "Issued for Construction" set of Plans and Specifications shall vest in the CITY once a permit is issued to commence construction. 5.1.3 The CONTRACTOR understands that the CITY is concerned with ensuring that an acceptable vendor is found to lease the high -end retail restaurant space to be constructed as part of the Project in accordance with a LeasefDevelopment Agreement. To that end, the CONTRACTOR agrees and warrants that it shall be the CONTRACTOR'S responsibility to locate and secure a vendor, acceptable to the CITY, to occupy the high -end retail restaurant space within six months from the date that this Agreement is signed or approved by the City Commission. Notwithstanding anything to the contrary in this Agreement, the CONTRACTOR agrees that if the CONTRACTOR is unable to locate and secure such a vendor, that the CITY shall have the absolute right to convert the proposed retail restaurant area ( "leased area ") to open/park space. If the leased area is converted to park area, the CONTRACTOR shall provide the CITY with a fixed price for the design and construction of the leased area to a park area. The fixed price shall be provided no later than five (5) days of approval of this Agreement by the City Commission. The Guaranteed Maximum Price may be increased to reflect the fixed price design and construction of the leased area. ARTICLE 6 CONTRACTOR'S RESPONSIBELITIES 6.1 Responsibilities - Construction Phase. 6.1.1 Consultation: CONTRACTOR will schedule and attend regular meetings and will consult with Cfl'Y regarding site use and improvements, and the selection of materials, building systems, and equipment. 6.1.2 Subcontractors and Suppliers: CONTRACTOR shall develop subcontractor interest in the Project and shall famish to the CITY, information, a list of subcontractors, including suppliers who are to furnish materials or equipment fabricated to a special design. The receipt of such list shall not require the CITY to investigate the qualifications of proposed subcontractors or suppliers, nor shall it waive the right of the CITY later to object to or reject any proposed subcontractor or supplier, and is furnished by CONTRACTOR to CITY for informational purposes only. Subject to the rights of the CITY to purchase supplies and materials in furtherance of the sales tax program as described in Article 6.16 hereof, CONTRACTOR shall have authority in awarding subcontractors and purchase orders. 6.1.3 Extent of Responsibility: CONTRACTOR shall be responsible for the architecture, engineering, construction and completion of the Project. 6.2 Guaranteed Maximum Price. 6.2.1 The Guaranteed Maximum Price is also subject to further reduction by an amount calculated by multiplying the applicable Florida sales tax rate times the amount of material and supplies purchased by the CITY under the sales tax program described in Article 6.16 hereof. The 8 SIB 3 86