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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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for the quantity or amount being ordered under the particular purchase order. Even though the <br />CITY may purchase such goods and materials, the same shall be stored at the site in the same <br />manner as goods and materials purchased by the CONTRACTOR, and CONTRACTOR shall bear <br />the risk of loss. As compensation to the CONTRACTOR for accounting services respecting the <br />sales tax savings program, an amount equal to one -sixth of the tax savings shall be paid to the <br />CONTRACTOR. CITY hereby agrees to promptly purchase any materials requested by <br />CONTRACTORS pursuant to this Section. The CITY and CONTRACTOR shall develop a list of <br />items or materials that can be purchased under section 6.16. <br />6.17 Use of Premises. <br />6.17.1 CONTRACTOR shall confine equipment, the storage of materials and equipment <br />and the operations of workers to the Project site and areas identified in and permitted by the <br />Contract Documents and shall not unreasonably encumber the premises with equipment or other <br />materials. CONTRACTOR shall assume full responsibility for any damage to any such land or <br />area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from <br />the performance of the Work. Should any claim be made against CITY by any such owner or <br />occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle <br />with such other party by agreement or otherwise resolve the claim. The general indemnification <br />provided elsewhere in this Contract specifically applies to claims arising out of CONTRACTOR'S <br />use of the premises. <br />6.17.2 During the progress of the Work, CONTRACTOR shall at all times keep the <br />premises free from accumulations of waste materials, rubbish and other debris resulting from the <br />Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish <br />and debris from and about the premises as well as all tools, appliances, equipment and machinery, <br />and surplus materials, and shall leave the site clean and ready for occupancy by CITY. <br />CONTRACTOR shall restore to original condition all property not designated for alteration by the <br />Contract Documents. <br />6.17.3 CONTRACTOR shall not load nor permit any part of any structure to be loaded in <br />any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work <br />or adjacent property to stresses or pressures that will endanger it. <br />6.18 Access to Work. <br />CONTRACTOR shall provide CITY, CITY'S consultants, representatives and <br />personnel, independent testing laboratories and governmental agencies with jurisdictional interests <br />with access to the work at reasonable times for their observation, inspection and testing. <br />CONTRACTOR shall provide them proper and safe conditions for such access; and shall advise <br />them of CONTRACT'OR'S site safety procedures and programs so that they may comply therewith. <br />15 <br />
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