Reso 2022-3444 - Laserfiche WebLink

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4. AMENDING TERMS AND CONDITIONS. The Parties hereby agree to amend the Project Agreement as more particularly set forth below: Section 2.5 is hereby amended to add the following underlined text: 2.5.9 ADMINISTRATION OF CONSTRUCTION 2.5.9.1 The Consultant shall perform those duties and discharge those responsibilities set forth herein in Sections 2.5.9.2 through 2.5.9.13. Furthermore, the Consultant shall perform and be responsible for all services requested of the Consultant by the City relating to the interpretation and implementation of the Consultant's drawings, specifications, or other Construction Documents or other contract documents prepared by the Consultant. 2.5.9.2 The Consultant shall represent the Citv duriniz construction and shall facilitate all instructions and other appropriate communications between the City and the Contractor, which shall be communicated through the Consultant. The Consultant shall act on behalf of the City only to the extent provided herein and in the Construction Contract. 2.5.9.3 Upon receipt, the Consultant shall carefully review and examine the Contractor's Schedule of Values, together with any supporting documentation or data that the City or the Consultant may require from the Contractor. The purpose of such review and examination will be to protect the City from an unbalanced Schedule of Values that allocates .greater value to certain elements of the work than is indicated by the supporting documentation or data or, than is reasonable under the circumstances. If the Schedule of Values is not found to be appropriate, or if the supporting documentation or data is deemed to be inadequate, and unless the City directs the Consultant to the contrary in writing, the Schedule of Values shall be returned to the Contractor for revision or supporting documentation or data. After making such examination, if the Schedule of Values is found to be appropriate as submitted, or if necessary, as revised, the Consultant shall sign the Schedule of Values thereby indicating its informed belief that the Schedule of Values constitutes a reasonable, balanced basis for payment of the Contract Price to the Contractor. The Consultant shall not sign such Schedule of Values in the absence of such belief unless directed to do so, in writing, by the City. 2.5.9.4 The Consultant shall observe the work of the Contractor on a periodic basis. The purpose of such observations will be to determine the quality= quantity and progress of the work in comparison with the requirements of the Construction Documents and Construction Contract. In making such observations, the Consultant shall exercise care to protect the City from defects or deficiencies in the work from unexcused delays in the schedule and from overpayment to the Contractor. Following each such site visit, the Consultant shall submit a written report of such observations, together with any appropriate comments or recommendations, to the City. The Consultant shall not be responsible for any construction means, methods, sequences, or procedures for performing any construction activities. 2.5.9.5 The Consultant shall determine amounts owed to the Contractor based upon observations of the work as required in Subparagraph 2.5.9.4, evaluations of the Contractor's rate of progress in light of the remaining Contract Time and upon 45