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Reso 2024-3756
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Reso 2024-3756
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Last modified
12/17/2024 3:07:42 PM
Creation date
12/11/2024 11:05:46 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3756
Date (mm/dd/yyyy)
11/21/2024
Description
1st Amendment to Agreement w/ BEA Architects, Inc. to provide Prof Architectural Design Svcs for renovation of 18050 Collins Ave formerly Tony Romas.
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best of the Consultant's knowledge, information and belief, the quality of Work is in <br />accordance with the Contract Documents (subject to an evaluation of Work for <br />conformance with the Contract Documents upon Substantial Completion, to the results or <br />any subsequent tests required by or performed under the Contract Documents, to minor <br />deviations from the Contract Documents correctable prior to completion, and to any <br />specific qualifications stated in the Project Certificate for Payment); and that the Contractor <br />is entitled to payment in the amount certified. However,the issuance of a Certificate for <br />Payment shall not be a representation that the Consultant has made any examination to <br />ascertain how or for what purpose the Contractor has used the monies paid on account of <br />the Contract Sum. <br />2.5.14 Should disagreement occur between the Contractor and Consultant over acceptability of <br />work and conformance with the requirements of the specifications and plans, the Project <br />Director shall be the final judge of performance and acceptability. <br />2.5.15 All interpretations and decisions of the Consultant shall be consistent with the intent of, <br />and reasonably inferable from, the Contract Documents, and shall be in writing or in <br />graphic form. <br />2.5.16 The Consultant's decision with the consent of City in matters relating to artistic effect shall <br />be final if consistent with the intent of the Contract Documents. The Consultant's decisions <br />on any other claims, disputes or other matters, including those in question between the City <br />and the Contractor, shall be subject to claims provisions provided in this Agreement and in <br />the Contract Documents. <br />2.5.17 The Consultant shall recommend to the City to reject work, which does not conform to the <br />Contract Documents. Whenever, in the Consultant's reasonable opinion, it is necessary or <br />advisable to insure conformance with the provisions of the Contract Documents, the <br />Consultant shall have authority to require special inspection or testing of Work in <br />accordance with the provisions of the Contract Documents, whether or not such work be <br />then fabricated, installed or completed; but the Consultant shall take such action only after <br />consultation with the Contractor and City. <br />2.5.18 If the Contract Documents specifically require the Contractor to provide professional <br />design services or certifications by a design professional related to systems, materials or <br />equipment, the Consultant shall specify the appropriate performance and design criteria <br />that such services must satisfy. The Consultant shall review Shop Drawings and other <br />submittals related to the Work designed or certified by the design professional retained by <br />the Contractor that bear such professional's seal and signature when submitted to the <br />Consultant. The Consultant shall be entitled to rely upon the adequacy, accuracy and <br />completeness of the services, certifications and approvals performed or provided by such <br />design professionals. <br />2.5.19 The Consultant shall review and approve or take other appropriate action on Change Orders <br />prepared by the Contractor for the City's authorization in accordance with the Contract <br />Documents. <br />7 <br />447 <br />
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