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Reso 2024-3757
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Reso 2024-3757
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Last modified
12/17/2024 3:09:58 PM
Creation date
12/11/2024 10:58:58 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3757
Date (mm/dd/yyyy)
11/21/2024
Description
Ltr Agreement w/ Perkins & Will to provide Architect & Engineering Design, Permitting & Construction Svcs for an ER Generator Installation Gtwy Park.
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A. INCORPORATION OF CONTINUING SERVICES AGREEMENT <br />1. All terms and conditions of the Continuing Services Agreement between the City and the <br />Consultant, not specifically modified by this Letter Agreement shall remain in full force <br />and effect and are incorporated into and made a part of this Letter Agreement by this <br />reference as though set forth in full. <br />B. SCOPE OF SERVICES: The Consultant shall perform the following: <br />1. The specific tasks set forth in the Consultant's proposals attached hereto as Exhibit "1" to <br />this Letter Agreement. <br />C. TERM AND TERMINATION <br />1. This Letter Agreement shall be effective on the date it is executed by the last parry to <br />execute it and shall be effective for a period of two (2) years from the date of execution. <br />2. This Letter Agreement may be terminated by either party upon seven (7) days' written <br />notice to the other should such other party fail substantially to perform in accordance <br />with its material terms through no fault of the party initiating the termination. In the <br />event of a termination for cause, the Consultant shall be entitled to receive <br />compensation for any work completed pursuant to the Letter Agreement to the <br />satisfaction of the City through the date of termination, less any amounts which the City <br />reasonably deems necessary to withhold in order to correct any defects or deficiencies <br />in the work performed by the Consultant. In no event shall the City pay for profit or <br />overhead on work not performed. <br />This Letter Agreement may be terminated by the City without cause upon ten (10) days' <br />written notice to the Consultant. In the event of such a termination without cause, the <br />Consultant shall be compensated for all services completed pursuant to this Letter <br />Agreement to the satisfaction of the City up to and through the date of termination, <br />together with Reimbursable Expenses incurred. In such event, the Consultant shall <br />promptly submit to the City its invoice for final payment and reimbursement which <br />invoice shall comply with the provisions of Section 2.5 of EXHIBIT "F" of the <br />Continuing Services Agreement and Section F of this Letter Agreement. <br />4. Under no circumstances shall the City make payment of profit or overhead for work that <br />has not been performed. Additionally, the City shall not make payment for the following <br />items: <br />a. Anticipated profits or fees to be earned on completed portions of the work; <br />b. Consequential damages; <br />c. Costs incurred in respect to materials, equipment or services purchased or work <br />done in excess of reasonable quantitative requirements of this Letter Agreement; <br />d. Expenses of Consultant due to the failure of Consultant or its subconsultants to <br />discontinue the work with reasonable promptness after notice of termination has <br />been given to the Consultant; <br />Page 2 of 6 <br />469 <br />
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