Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />contract shall be submitted to the City for approval. Upon the City's written approval of <br />such construction contract, the City shall cause all necessary building and other <br />municipal permits necessary for construction of the restroom to be issued without cost or <br />other charge to the Foundation or the contractor. <br />ARTICLE V <br />ASSIGNMENT AND DELEGATION <br />7 The rights and responsibilities of each party under this Agreement shall not be assigned and/or <br />8 delegated to a third party in whole or in part without the prior written consent of the other party <br />9 hereto. <br />10 <br />11 <br />12 <br />13 <br />14 <br />ARTICLE VI <br />DESIGN AND CONSTRUCTION PROCESS <br />1. The Foundation shall coordinate and conduct project meetings with the Roseville Park <br />and Recreation Commission, the Arboretum Committee, and other appropriate groups to <br />increase awareness and solicit input on building location and design. <br />15 2. The Foundation shall retain the services of a qualified and registered architect to design <br />16 the Restroom facility and administer the construction process. <br />17 3. Upon timely approval by the City of plans and specifications, and the construction <br />18 contract, the Foundation shall use all commercially reasonable efforts to cause the <br />19 Restroom construction to be completed by October 31, 2009, subject to events of force <br />20 majeure and performance by the Contractor. <br />21 4. Any substantial modifications to the final plans as approved by the City shall be approved <br />22 by the City and the Foundation. For purposes of this paragraph, "substantial <br />23 modification" means a modification that would impact the construction cost by more than <br />24 10% or would materially change the project scope or intended use or appearance of the <br />25 restroom. <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />5. The Roseville Central Park Foundation shall act as a fiscal agent for the project. The <br />Foundation shall, before the commencement of construction, provide evidence, <br />satisfactory to the City, that it has established or maintains a bank, escrow or other <br />account or similar fund for the purposes of funding the restroom construction in an <br />amount at least equal to the amount identified in the construction contract. The <br />Foundation shall provide, or cause the contractor to provide, prior to commencement of <br />construction, a sworn construction statement identifying all subcontractors and material <br />providers working on or providing material for the restroom construction. Upon receipt <br />by the Foundation of a payment application from the contractor, the Foundation shall <br />send a copy thereof to the City. The City shall, upon receipt of such payment application, <br />promptly inspect the Restroom construction to determine that the appropriate work for <br />which the Contractor is requesting payment has been completed in accordance with the <br />approved plans and specifications. Upon receipt of written approval from the City of the <br />work for which payments is being requested, the Foundation shall pay the contractor the <br />amount requested in the applicable payment application to the contractor only upon <br />2231209v2 <br />2 <br />