10-2136 Continuing Professional Utilities Services Consultant Agreement

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CONTRACTUAL SERVICES Page 2 of 19 the City, or of other agencies interested in the project on behalf of the City. Either party to the Agreement may request and be granted a conference. F. All services shall be performed by the Consultant to the satisfaction of the Director of Public Works who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof, and the decision upon all claims, questions and disputes shall be final and binding upon the parties hereto. Adjustments of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and Supplemental Agreement(s) of such a nature as required shall be entered into by the parties in accordance herewith. Agreement on and execution of any Supplemental Agreement shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged work, including all direct and indirect costs of whatever nature, and all adjustments to the Consultant's schedule. If instructed in writing to do so by the City, Consultant shall change or revise work that has been performed and if such work is not required as a result of error, omission or negligence of Consultant, Consultant may be entitled to additional compensation. Consultant must submit for City approval, a revised proposal with a revised fee quotation. Additional compensation, if any, shall be agreed upon before commencement of any such additional work and shall be incorporated into the Work by written Change Order to the Supplemental Agreement. In the event that the Consultant and the City are not able to reach an agreement as to the amount of compensation to be paid to the Consultant for supplemental work desired by the City, the Consultant shall be obligated to proceed with the supplemental work in a timely manner for the amount determined by the City to be reasonable. In such event, the Consultant shall have the right to file a claim with the City for such additional amounts as the Consultant deems reasonable; however, in no event shall the filing of the claim or the resolution or litigation thereof through administrative procedures or the courts relieve the Consultant from the obligation to timely perform the supplemental work. G. In the event the work covered by this Agreement includes the preparation of construction plans, it is understood that the work may be divided into two or more construction projects by the Director and that, if this is done, the Consultant shall supply construction plans for each project.