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10-2136 Continuing Professional Utilities Services Consultant Agreement
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10-2136 Continuing Professional Utilities Services Consultant Agreement
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5/24/2010 4:38:25 PM
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5/24/2010 4:37:58 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
5/10/2010
Doc Number
10-2136
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CONTRACTUAL SERVICES <br />Page 4 of 19 <br />Project Services, including building, labor, safety, licensing or <br />environmental laws and local building codes, building standards and trade <br />practices affecting the Project Services (the "Public Laws"). <br />M. Where conflicts exist within or between the Agreement documents and <br />either applicable industry standards or applicable codes, ordinances, or <br />other legal requirements, the more stringent requirements apply; <br />otherwise this order of precedence shall be used: The Agreement, <br />Supplemental Agreement, Specifications, Drawings and Modifications, if <br />any. <br />2. TERMS: <br />A. Unless otherwise provided herein or by Supplemental Agreement, the <br />provisions of this Agreement shall remain in full force and effect through <br />completion of all services required of the Consultant or a three (3) year <br />term from the date of execution of this agreement, whichever occurs first. <br />(1) The scheduled Project Services to be rendered by the Consultant <br />shall commence, subsequent to execution of this Agreement, on <br />the date specified in the written notice to proceed from the City's <br />Director of Public Works or his designee, which notice to proceed <br />shall become part of this Agreement. <br />(2) The Consultant shall complete scheduled Project Services as <br />specified in the notice to proceed or as specified in any Amendment <br />or Supplemental Agreement. Services required after completion of <br />scheduled Project Services, including, but not limited to, design <br />assistance, construction assistance, and litigation assistance, will <br />be completed within the term of this Agreement at written direction <br />of the City. Supplemental Agreements may be negotiated for any <br />post project schedule services needed by the City. <br />(3) In the event it becomes impracticable or impossible for the <br />Consultant to complete the services expected in Paragraph 2.A.(2) <br />within the term of this Agreement due to delays on the part of the <br />City or circumstances beyond the control of the Consultant, this <br />Agreement may be extended. An extension of the Agreement shall <br />be in writing. <br />B. In the event there are delays caused by the City in approval of any of the <br />materials submitted by the Consultant or if there are delays occasioned by <br />circumstances beyond the control and without fault or negligence of the <br />Consultant which delay the scheduled project completion date, the City <br />may grant an extension of time equal to the aforementioned project <br />schedule delay, as a minimum and not to exceed the Agreement term, by <br />
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