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Reso 2013-2040
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Reso 2013-2040
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Last modified
5/22/2013 11:11:10 AM
Creation date
4/11/2013 10:43:30 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2013-2040
Date (mm/dd/yyyy)
04/09/2013
Description
Approve 3rd Amend/Design-Build Agmt w/ 4M Investors, LLC.
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but are not limited to, consideration of material, equipment and labor and the escalation of the Costs <br />of each in association with the realistic estimated duration of the project, the time of year, the <br />weather patterns associated with the location of the project, the labor market for the design and <br />construction associated with the location of the project, the type of facility, and consideration of the <br />time associated with the design and permitting (including all associated delays that accompany a <br />review through a municipal building department) of a complete set of plans and specifications. In <br />reliance upon the above referenced representations, the CrFY hired the CONTRACTOR to provide <br />professional design services and complete construction services. CONTRACTOR shall be liable for <br />any defective or negligent design, whether patent or latent, and/or any negligence, strict liability or <br />broach of other legal duty to the extent and in the manner as hereafter set forth. <br />6.6 Shop Drawings and Samples. <br />6.6.1 CONTRACTOR shall prepare and submit any submittals or shop drawings required <br />for permitting to the authority having jurisdiction, and shall furnish a copy to the City Manager. <br />6.6.2 CONTRACTOR shall prepare and maintain shop drawings and submittals <br />referenced in Paragraph 6.6.1 and make them available for review by CffY. <br />6.6.3 Review of the shop drawings by CrTY shall be general and shall not be deemed an <br />acceptance of the shop drawings and shall not relieve the CONTRACTOR of the responsibility for <br />the accuracy of such drawings, nor for the proper fitting and construction of the work, nor for the <br />furnishing of material or work required by the Agreement and not indicated on the drawings. <br />6.7 Supervision and Superintendence. <br />CONTRACTOR shall supervise and direct the Work competently and efficiently, <br />devoting such attention thereto and applying CONTRACTOR'S best skill, attention and expertise. <br />CONTRACTOR shall be solely responsible for and have control over the means, methods, <br />techniques, sequences and procedures of construction. CONTRACTOR shall be responsible to see <br />that the finished Work complies with the Contract Documents. <br />6.8 Proiect Mana eg ment. <br />6.8.1 During the progress of on -site construction, CONTRACTOR shall provide full time <br />(defined to be 8:00 a.m. through 5:00 p.m. Monday through Friday, legal holidays excluded) <br />competent project supervision and any necessary assistants who shall not be replaced without <br />written notice to CITY. The superintendent will be CONTRACTOR'S representative at the site. <br />6.8.2 The day to day management of the Project's subcontractors and vendors contracts, <br />schedules and requests for payment shall be by a competent project manager to whom the <br />superintendent shall report. The project manager will conduct regularly scheduled project meetings <br />for the purpose of project coordination and communication. The project manager shall be included <br />in the cost of the Work. <br />12 <br />
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