Res 2006-016 - Laserfiche WebLink

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~~k Vol Fs - iibti?4415 aFFi ?44ii 5g~ Conference Center (including all "hard" and "soft" costs and specifically including, without limitation, the cost of City's representative required under Section 271.119 of the Texas Local Government Code, the cost to design and construct all on and off site drainage and storm water detention improvements, and the cost of all utilities on the Conference Center Site) are less than the City Cost Ceiling, the City agrees that the amount equal to the difference between the City Cost Ceiling and said Actual Costs will be used to purchase equipment and furnishings for the Conference Center. In such event, the City and JQH will develop a list of equipment and furnishings mutually acceptable to them both which have an aggregate purchase price approximately equal to, but not more than, the difference between the City Cost Ceiling and the Actual Costs. City will then acquire the agreed upon equipment and furnishings and same shall be leased to JQH pursuant to the tenors of the Lease (any and all such equipment and furnishings being herein collectively called the "Lessor's Equipment"). In no event shall the Lessor's Equipment include, nor shall the City ever be obligated to purchase, flatware; plates and other tablewaze; stemware and other drinking glasses; any other equipment used in the serving of food or beverages as such as serving dishes or utensils; and/or table cloths, napkins, or other linens. 3.6.1.2. if, and to the extent, the Actual Costs exceed the City Cost Ceiling, such overage (being herein called the "JQH Portion") will be the responsibility of JQH. The City will provide notice to JQH of any amounts by which the Actual Costs exceed the City Cost Ceiling and JQH shall pay all such amounts to the City on demand as they are incurred; 3.6.1.3. if, through change orders during the construction process, the Actual Costs would exceed the City Cost Ceiling, then the City will, to the extent reasonably feasible, review all change orders during the construction process that would so increase the cost of the Conference Center with JQH prior to approving them. To the extent these change orders aze i) reasonably necessary for the completion of the Conference Center, or ii) related to changes requested by JQH, same shall be deemed approved by JQH, and JQH shall make direct payment to the design-build contractor for the cost of the change orders in a timely manner; and 3.6.1.4. the City is not responsible for any other costs of the design, construction, and fixturing, of the Project except as provided in this Section 3.6.1 and Section 3.8, all of which (unless expressly apportioned to the City) are the responsibility of JQH. 3.6.2. Timeline. On or before July 1, 2006, the City shall commence the design-build contracting procedure authorized under Texas law with respect to the Conference Center. At such time as the City is prepared to select adesign-build contractor, it will notify JQH of its desired selection in writing. Thereafter, JQH shall have ten (10) days from the date of City's notice to notify City in writing as to whether JQH approves and accepts the City's choice of design-build contractor or rejects same; provided, however, that JQH may not unreasonably withhold its acceptance and approval of the City's desired contractor. Should JQH fail to deliver a written rejection of the City's desired contractor within said ten (10) day period, JQH will be deemed to have approved and accepted such contractor for all purposes under this Agreement. Subject to Section 3.6.3, the City will Commence Construction of the Conference Center within a reasonable period of time after execution of this Agreement and the completion of the plans and specifications for same and thereafter, subject to delays caused by Force 9 803273.4