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Reso 2024-3672
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Reso 2024-3672
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Last modified
7/16/2024 1:09:31 PM
Creation date
7/11/2024 4:11:04 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3672
Date (mm/dd/yyyy)
06/20/2024
Description
Approving 5th Amnd to Agreement w/ Craig A. Smith & Assoc., Consultants for the Central Island Area Pump Stations & Drainage Improvements Project.
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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 />in the Consultant's performance caused by improperly timed activities shall not be the basis <br />for granting a time extension. If the Consultant wishes to make a claim for an increase in <br />time of performance, written notice of such claim shall be made to the City within three <br />(3) working days after the occurrence of the event, or the first appearance of the condition <br />giving rise to such claim. The City's representative shall determine whether the Consultant <br />is entitled to a time extension for the delay. The failure of the Consultant to give such <br />notice shall constitute a waiver of any claim under this section. <br />2.8 PERSONNEL <br />2.8.1 The Consultant shall assign only qualified personnel to perform any service concerning the <br />Project. At the time of execution of this Agreement, the parties anticipate that the following <br />named individuals will perform those supervisory or primary functions indicated: <br />NAME FUNCTION <br />Orlando Rubio, P.E. <br />Robert D. Keener, P.S.M <br />Andrew Nixon, P.E <br />Larry M. Smith, P.E <br />Senior Supervising Engineer <br />Surveyor <br />Geotechnical Engineer <br />Electrical Engineer <br />So long as the individuals named above remain actively employed or retained by the <br />Consultant, they shall perform the functions indicated next to their names. Furthermore, <br />the City reserves the right to reject any proposed substitution for any of the above named <br />individuals, and the City shall have the further right to require that any individual assigned <br />to the Project by the Consultant be removed from the Project and reassigned for good cause. <br />SECTION 3 CITY'S BASIC DUTIES TO CONSULTANT <br />3.1 The City shall provide the Consultant with adequate information regarding the City's <br />requirements for the Project including any desired or required design or construction <br />schedule, or both, and any budgetary requirements including fixed limit of construction <br />cost, prior to the start of the Construction Documents Phase of design, upon which the <br />Consultant shall be entitled to rely. <br />3.2 The City shall review any documents submitted by the Consultant requiring the City's <br />decision, and shall render any required decision pertaining thereto in a timely fashion. <br />217 <br />
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