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Reso 2022-3444
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Reso 2022-3444
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Last modified
1/9/2023 9:29:54 AM
Creation date
1/6/2023 12:57:21 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2022-3444
Date (mm/dd/yyyy)
12/15/2022
Description
Approving 1st Amnd w/ Keith and Associates, Inc. for Civil Engineering and Landscape Architectural Svcs for Bella Vista Park.
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2.5.9.12 The Consultant shall, without additional compensation, promptly correct <br />any errors, omissions, deficiencies, or conflicts in its plans and specifications. <br />2.5.9.13 The Consultant shall visit the site at a minimum of one time per month, and <br />at the request of the City without limitation, including site visits for verification <br />of the Contractor's monthly pay request, to observe the entire construction <br />operation, for the term of construction. A report outlining the details of each site <br />visit shall be furnished to the City within three (3) days of the required site visit. <br />The City must be informed of any site visits, so that they have the opportunily to <br />be included in the visit. <br />Section 2.7.1 is hereby amended to add the following underlined text: <br />I_f, in the event that construction of the Project is suspended for more than thirty <br />(30) days, the Consultant shall also suspend Construction Administration Services <br />upon request of City. Any time spent on the Project at the request of the City or <br />on the City's behalf during this suspension shall be additional services and shall <br />be paid based on the Standard Hourly Rates attached to this Agreement as <br />EXHIBIT "2". The reasonable term of construction upon which the fees for <br />Construction Administration Services in this Agreement are based, shall be <br />extended to include the period of construction suspension. This schedule, when <br />approved by the City, shall not, except for cause, be exceeded by the Consultant. <br />In the event the City rejects any schedules submitted by the Consultant, the <br />Consultant shall submit a revised schedule within forty-eight (48) hours of said <br />rejection. Submission of a schedule acceptable to the City and to which the City <br />makes no objection shall be a condition precedent for any payment to the <br />Consultant. <br />Section 2.7 is hereby amended to add the following underlined text: <br />2.7.3 Notwithstanding the provisions of Subparagraph 2.7.2, in the event that the <br />Contractor fails to substantially complete the Project on or before the Substantial <br />Completion date specified in the Construction Contract or the Contractor is <br />granted an extension of the time to complete performance under the Construction <br />Contract and the Consultant's Contract Administration Services are materially <br />extended by the City as a direct result thereof and through no fault of the <br />Consultant, the Consultant shall be entitled to additional compensation at the rates <br />shown in attached EXHIBIT "2". The amount of compensation due by the <br />Consultant under this Subparagraph shall be pursuant to approved written <br />Amendment to this Agreement. <br />Except as otherwise set forth herein, all other terms and conditions of Sections 2.5 and 2.7 shall <br />remain in full force and effect. <br />5. OTHER PROVISIONS REMAIN IN EFFECT. Except as specifically modified herein, <br />all terms and conditions of the Project Agreement between the parties dated May 27, 2022, shall remain <br />in full force and effect. <br />5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions <br />contained in this First Amendment shall prevail and be given superior effect and priority over any <br />conflicting or inconsistent terms, statements, requirements or provisions contained in any other <br />document or attachment, including but not limited to Attachment "A", and `B". <br />47 <br />
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