8814-15 Accept OH EPA grant for stream bank restoration and fish shelf

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7. The approval of the plans and specifications generated by the DB together with its firm price submission shall become effective only upon the issuance by the City of and Authorization to Proceed associated with the respective Individual Parcel. The firm price presented by the DB may be subject to modification solely in accordance with the provisions as to changes ordered and /or approved by the City pursuant to Article 6 of the General Conditions. In the performance of the Work for each Individual Parcel, the DB, to the satisfaction of the City and as additionally set forth in the General Conditions and all other Contract Documents, shall provide all necessary materials, tools and equipment, and all utility and transportation services, and perform all labor, coordination and supervision necessary to complete in a satisfactory manner all the Work associated with each Individual Parcel and in all respects in strict accordance with the Contract Documents on file at the office of the City Engineer and any other offices of the City. The DB shall also perform the Work in accordance with the the City building code and other governmental ordinances and/ or regulations governing the performance of the Work. A significant component and covenant of the Design Builder shall be the obligation to communicate directly with owners and occupants of the Individual Parcels in order to, among other things, schedule the undertaking of Work including entry into the residences and other structures located on the Individual Parcels. Such obligation of the Builder shall further include assurances that the highest level of safety and security of the occupants and owners is maintained throughout the course of the Project and as may be further subject to the reasonable directions and conditions as may or shall be imposed by the City. ARTICLE III: CITY OPTIONS The City reserves the right to accept or reject the firm price offering of the DB and to, in its discretion, allow for the bidding and/or performance of the Work by others associated with one or more of the Individual Parcels in its sole and exclusive discretion. In such event, the DB shall not be compensated for its generation of plans and specifications and/or other activities undertaken by the DB associated with the activities required of the DB prior to receipt of an Authorization to Proceed with performance of the Work as to the applicable Individual Parcel. In such instance the City shall be granted, without further action, an irrevocable and permanent license to utilize the plans and specifications and other work product of the DB for any purpose the City deems appropriate and/or necessary so long as the City tenders its acknowledgment that it accepts and shall use such DB's plans and specifications and other work product without warranty or guaranty whatsoever being extended by the DB as to the accuracy and/or applicability of such plans and specifications generated by the DB. The City's option rights under this Article III are independent of the "Termination for Convenience" rights as set forth in Article 9 of the General Conditions. The City retains the right 41PaRe