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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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2.7 SERVICE SCHEDULE <br />2.7.1 The Consultant shall perform its services expeditiously in accordance with the time frames <br />set forth in the "Proposed Schedule" set forth in EXHIBIT "l". The Consultant may, <br />however, submit for the City's approval a schedule for the performance for the <br />Consultant's services that shall include allowance for time required for the City's review <br />of submissions and for approvals of authorities having jurisdiction over the Project. The <br />City shall review and approve or reject any schedules submitted by the Consultant within <br />five (5) working days of said submittal. If, in the event that construction of the Project is <br />suspended for more than thirty (30) days, the Consultant shall also suspend Construction <br />Administration Services upon request of City. Any time spent on the Project at the request <br />of the City or on the City's behalf during this suspension shall be additional services and <br />shall be paid based on the Standard Hourly Rates attached to this Agreement as EXHIBIT <br />"l". The reasonable term of construction upon which the fees for Construction <br />Administration Services in this Agreement are based, shall be extended to include the <br />period of construction suspension. This schedule, when approved by the City, shall not, <br />except for cause, be exceeded by the Consultant. In the event the City rejects any schedules <br />submitted by the Consultant, the Consultant shall submit a revised schedule within forty- <br />eight (48) hours of said rejection. Submission of a schedule acceptable to the City and to <br />which the City makes no objection shall be a condition precedent for any payment to the <br />Consultant. <br />2.7.2 Upon receipt of the Notification of Commencement and the fully executed Purchase Order, <br />the Consultant shall commence services to the City on the Commencement Date, and shall <br />continuously perform services to the City, without interruption, in accordance with the time <br />frames set forth in the "Proposed Schedule," a copy of which is attached and incorporated <br />into this Agreement as EXHIBIT "1." The number of calendar days from the <br />Commencement Date, through the date set forth in the Project Schedule for completion of <br />the Project or the date of actual completion of the Project, which ever shall last occur, shall <br />constitute the Contract Time. . <br />2.7.3 No Damages for Delay: The Consultant shall not be entitled to any claim for damages <br />including, but not limited to, loss of profits, loss of use, home office overhead expenses, <br />equipment rental and similar costs on account of delays in the progress of the Project from <br />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 />0 <br />449 <br />
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