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08-1852 Transportation Concurrency Exception Area Engineering/Planning Agreement & Scope of Services
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08-1852 Transportation Concurrency Exception Area Engineering/Planning Agreement & Scope of Services
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2/26/2008 10:17:51 AM
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2/26/2008 10:17:25 AM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
1/14/2008
Doc Number
08-1852
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<br />F. All services shall be performed by the Consultant to the <br />satisfaction of the Director of Public Works who shall decide all <br />questions, difficulties and disputes of any nature whatsoever that <br />may arise under or by reason of this Agreement, the prosecution <br />and fulfillment of the services hereunder and the character, quality, <br />amount and value thereof, and the decision upon all claims, <br />questions and disputes shall be final and binding upon the parties <br />hereto. Adjustments of compensation and contract time because of <br />any major changes in the work that may become necessary or <br />desirable as the work progresses shall be subject to mutual <br />agreement of the parties, and Supplemental Agreement(s) of such <br />a nature as required shall be entered into by the parties in <br />accordance herewith. <br /> <br />In the event that the Consultant and the City are not able to reach <br />an agreement as to the amount of compensation to be paid to the <br />Consultant for supplemental work desired by the City, the <br />Consultant shall be obligated to proceed with the supplemental <br />work in a timely manner for the amount determined by the City to <br />be reasonable. In such event, the Consultant shall have the right to <br />file a claim with the City for such additional amounts as the <br />Consultant deems reasonable; however, in no event shall the filing <br />of the claim or the resolution or litigation thereof through <br />administrative procedures or the courts relieve the Consultant from <br />the obligation to timely perform the supplemental work. <br /> <br />G. In the event the work covered by this Agreement includes the <br />preparation of construction plans, it is understood that the work <br />may be divided into two or more construction projects by the <br />Director and that, if this is done, the Consultant shall supply <br />construction plans for each project. <br /> <br />H. The Consultant shall not be liable for use by the Department of <br />plans, documents, studies or other data for any purpose other than <br />intended by the terms of this Consultant Agreement. <br /> <br />I. All tracings, plans, specifications, maps, computer files and/or <br />reports prepared or obtained under this Agreement, as well as all <br />data collected, together with summaries and charts derived <br />therefrom, shall be considered works made for hire and shall <br />become the property of the City upon completion or termination <br />without restriction or limitation on their use except as set forth <br />above in Paragraph 1.H.; and shall be made available, upon <br />request, to the City at any time during the performance of such <br />services and/or upon completion or termination of this Agreement. <br />Upon delivery to the City of said document(s), the City shall <br /> <br />2 <br />
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