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25zII - AGMT - DESIGN BUILD SRVS
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25zII - AGMT - DESIGN BUILD SRVS
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Last modified
10/16/2014 5:25:34 PM
Creation date
10/16/2014 4:03:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25II
Date
10/21/2014
Destruction Year
2019
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iv. Work site address /location (if applicable) <br />V. Tasks or deliverables completed, and % of total services completed <br />Payment by City shall be made within sixty (60) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting proccdures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. THE CONTRACT DOCUMENTS <br />The Contract Documents consist of this Agreement, Standard Specifications (the <br />"Greenbook "), and preliminary Design Scope Specification, all Design Documents hereafter <br />prepared by Consultant and approved by City in accordance with this Agreement, The Contract <br />Documents also consist of Change Orders issued hereafter, along with any other written <br />amendments executed by City and Consultant, as well as the following documents: Request for <br />Proposal, Consultants Response to Request for Proposal, and Bid Proposal, all of which are <br />hereby incorporated herein by reference and made a part of this Agreement. This Contract is <br />intended to be an integral whole and shall be interpreted as internally consistent and in <br />accordance with section 2 -5.2 of the "Greenbook", Work required by any page, part, or portion <br />of the Contract shall be deemed to be required Contract Work as if called for in the whole <br />Contract and no claim for extra work shall be based upon the fact that the description of the work <br />in question is incomplete. <br />This Agreement may not be modified except by written instrument signed by the City and <br />by an authorized representative of Consultant. The parties agree that any terms or conditions of <br />any other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, <br />shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that <br />no representations, inducements, promises or agreements, orally or otherwise, have been made <br />by any party, or anyone acting on behalf of any party, which are not embodied herein. Nothing <br />contained in this Contract shall create, nor be interpreted to create, privity or any other <br />relationship whatsoever between City and any person except Consultant, <br />4. CHANGES AND EXTENSIONS OF TIME <br />a. City's Right to Order Changes: Changes in the Design Services or the Construction Work <br />under this Agreement, consisting of additions, deletions, revisions or any combination <br />thereof, may be ordered unilaterally by City without invalidating the Agreement. Such <br />changes shall be communicated by Change Order or supplemental agreement, as <br />applicable. Consultant shall proceed diligently with any changes, and same shall be <br />accomplished in strict accordance with the following terms and conditions as set forth <br />herein. <br />b. Changes and Extensions of Time: All change orders, changes requested by Consultant, or <br />extensions of Contract Time occurring during construction of the Project related to actual <br />Construction Work shall be governed by section 5 of this agreement. All changes to the <br />scope of Design Services or extensions of the agreed upon Design Schedule during the <br />2511 -4 <br />
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