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Reso 2022-3334
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Reso 2022-3334
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Last modified
6/6/2022 11:50:11 AM
Creation date
6/3/2022 9:27:23 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2022-3334
Date (mm/dd/yyyy)
05/19/2022
Description
Agreement w/ Keith & Associates, INc. d/b/a Keith, to provide Civil Engineering & Landscape Architectural Svcs for Bella Vista Bay Park.
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2.6 ADDITIONAL SERVICES <br />The following services of the Consultant are not included in Sections 2.3 through 2.5, nor <br />in EXHIBIT "1," Scope of Services. Nevertheless, the Consultant shall provide such <br />services as related to the Project if authorized in writing by the City prior to the <br />performance or furnishing of same, and, unless otherwise specified in this Agreement, said <br />services shall be paid for by the City as provided hereinafter. <br />2.6.1 Making revisions in drawings, specifications or other documents when such revisions are <br />inconsistent with written direction by the City previously given, are required by the <br />enactment or revision of codes, laws or regulations subsequent to the preparation of such <br />documents and not reasonably anticipated, or are due to other causes not within the control <br />or responsibility of the Consultant, either in whole or in part. <br />2.6.2 Preparing drawings, specifications and supporting data in connection with Change Orders, <br />provided that such Change Orders are issued by the City due to causes not within the <br />control or responsibility of the Consultant, either in whole or in part. <br />2.6.3 Providing services concerning repair or replacement of work damaged by fire or other <br />cause during construction provided that such services are required by causes not the <br />responsibility of the Consultant, either in whole or in part. <br />2.6.4 Providing services made necessary solely by the default of the Contractor or defects or <br />deficiencies in the work of the Contractor. <br />2.7 SERVICE SCHEDULE <br />2.7.1 Upon receipt of the Notification of Commencement and the fully executed Purchase Order, <br />the Consultant shall commence services to the City on the Commencement Date, and shall <br />continuously perform services to the City, without interruption, in accordance with the time <br />frames set forth in the "Project Schedule," a copy of which is attached and incorporated <br />into this Agreement as EXHIBIT "1." The number of calendar days from the <br />Commencement Date, through the date set forth in the Project Schedule for completion of <br />the Project or the date of actual completion of the Project, which ever shall last occur, shall <br />constitute the Contract Time. <br />2.7.2 No Damages for Delay: The Consultant shall not be entitled to any claim for damages <br />including, but not limited to, loss of profits, loss of use, home office overhead expenses, <br />equipment rental and similar costs on account of delays in the progress of the Project from <br />any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in <br />procuring permits, differing site conditions, unavoidable casualties or other cause beyond <br />the Consultant's control, or by delay authorized by the City, or by other causes which the <br />Consultant determines may justify delay. The Consultant's sole recovery and remedy for <br />any such delay shall be a reasonable extension of time and a revision to the Project <br />Schedule as determined by the City. However, additional costs to the Consultant or delays <br />420 <br />
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