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CONTRACTUAL SERVICES <br />Page 2 of 20 <br />compensation. Reference herein to this Agreement shall be considered <br />to include any Supplemental Agreement. <br />D. In the performance of professional services, the Consultant shall use that <br />degree of care and skill ordinarily exercised by other similar professionals <br />in the field under similar conditions in similar localities. The Consultant <br />shall use due care in performing in a design capacity and shall have due <br />regard for acceptable standards of design principles. <br />E. The Consultant agrees to provide project schedule progress reports in a <br />format acceptable to the City and at intervals established by the City. The <br />City will be entitled at all times to be advised, at its request, as to the <br />status of work being done by the Consultant and of the details thereof. <br />Coordination shall be maintained by the Consultant with representatives <br />of the City, or of other agencies interested in the project on behalf of the <br />City. Either party to the Agreement may request and be granted a <br />conference. <br />F. All services shall be performed by the Consultant to the satisfaction of the <br />Director of Public Works who shall decide all questions, difficulties and <br />disputes of any nature whatsoever that may arise under or by reason of <br />this Agreement, the prosecution and fulfillment of the services hereunder <br />and the character, quality, amount and value thereof, and the decision <br />upon all claims, questions and disputes shall be final and binding upon <br />the parties hereto subject to review by a court of competent jurisdiction. <br />Adjustments of compensation and contract time because of any major <br />changes in the work that may become necessary or desirable as the work <br />progresses shall be subject to mutual agreement of the parties, and <br />Supplemental Agreement(s) of such a nature as required shall be entered <br />into by the parties in accordance herewith. <br />Agreement on and execution of any Supplemental Agreement shall <br />constitute a final settlement and a full accord and satisfaction of all <br />matters relating to the change and to the impact of the change on <br />unchanged work, including all direct and indirect costs of whatever nature, <br />and all adjustments to the Consultant's schedule. If instructed in writing to <br />do so by the City, Consultant shall change or revise work that has been <br />performed and if such work is not required as a result of error, omission or <br />negligence of Consultant, Consultant may be entitled to additional <br />compensation. Consultant must submit for City approval, a revised <br />proposal with a revised fee quotation. Additional compensation, if any, <br />shall be agreed upon before commencement of any such additional work <br />and shall be incorporated into the Work by written Change Order to the <br />Supplemental Agreement. <br />