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Reso 2023-3502
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Reso 2023-3502
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Last modified
10/4/2024 11:14:38 AM
Creation date
6/13/2023 11:22:34 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2023-3502
Date (mm/dd/yyyy)
05/18/2023
Description
Second Amend w/ Keith & Associates, Inc. for Civil Engineering at Town Center Park for Upgrades.
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DocuSign Envelope ID: 5842CD84-6967-4CO2-9E9A-C905868006B4 <br />2.9.6 The issuance of a Certificate for Payment shall constitute a <br />representation by the Consultant to the City that the Consultant has <br />made an observation of the work as provided in Subparagraph 2.9.4, <br />that the work has progressed to the level indicated, that the quality <br />of the work meets or exceeds the requirements of the Construction <br />Contract and that to the best of the knowledge, information and <br />informed belief of the Consultant, the Contractor is entitled to <br />payment of the amount certified; however, the issuance of a <br />Certificate of Payment shall not constitute a representation that the <br />Consultant has made an examination to ascertain how the Contractor <br />has used the monies paid by the City. <br />2.9.7 The Consultant shall be the initial interpreter of the requirements of <br />the drawings and specifications and the judge of the performance <br />thereunder by the Contractor. The Consultant shall render written <br />or graphic interpretations necessary for the proper execution or <br />progress of the work with reasonable promptness on request of the <br />Contractor. <br />2.9.8 The Consultant shall reject work that does not conform to the <br />Construction Documents unless directed by the City, in writing, not <br />to do so. If directed by the City not to reject work, the City shall be <br />responsible for the results of such direction. The Consultant shall <br />have the authority to reject work that affects public or personnel <br />safety. Whenever, in the Consultant's opinion, it is necessary or <br />advisable, the Consultant shall require special inspection or testing <br />of the work in accordance with the provisions of the Construction <br />Contract whether or not such work is fabricated, installed or <br />completed. <br />2.9.9 The Consultant shall review and take other appropriate action upon, <br />the Contractor's submittals such as Shop Drawings, Product Data <br />and Samples. Appropriate action by the Consultant of the <br />Contractor's submittal shall constitute the Consultant's <br />representation to the City that such submittal is in conformance with <br />the Construction Documents and Construction Contract, but does <br />not hold the Consultant responsible for the accuracy and <br />completeness of details such as dimensions and quantities, or for <br />substantiating instruction for installation or performance of <br />equipment or systems, all of which remain the responsibility of the <br />Contractor as required by the Construction Documents. Such action <br />shall be taken with reasonable promptness so as to cause no delay to <br />the Contractor of the Project. <br />2.9.10 The Consultant shall review, and advise the City, concerning <br />proposals and requests for Change Orders from the Contractor. The <br />Consultant shall prepare Change Orders for the City's approval and <br />execution in accordance with the Construction Contract, and shall <br />
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