10-2136 Continuing Professional Utilities Services Consultant Agreement

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CONTRACTUAL SERVICES Page 5 of 19 issuance of a Time Extension Letter. This letter shall be for time only and does not include any additional compensation. It shall be the responsibility of the Consultant to ensure at all times that sufficient time remains in the Project Schedule within which to complete the services on the project. In the event there have been delays which would affect the project completion date, the Consultant shall submit a written request to the City which identifies the reason(s) for the delay, the amount of time related to each reason and specific indication as to whether or not the delays were concurrent with one another. The City will review the request and make a determination as to granting all or part of the requested extension. In the event time for performance of the scheduled project services expires and the Consultant has not requested, or if the City has denied an extension of the Project Schedule completion date, partial progress payments will be stopped on the date time expires. No payment shall be made for work performed after the Project Schedule completion date until a time extension is granted or all work has been completed and accepted by the City if the Agreement term has not passed. C. Consultant Responsibilities. (1) Consultant shall be responsible for the professional quality, accepted standards, technical accuracy and the coordination of all analysis, planning, and other services furnished by Consultant under this Agreement as well as the conduct of its staff and agents. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in his work product. The Consultant shall work closely with the City on all aspects of the work and services. The work may include work sessions with the City Commission and presentations before public agencies. (2) Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Consultant shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by Consultant's negligent performance or failure to perform any of the services furnished under this Agreement. (3) The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. (4) Consultant will, in all professional matters, act as a faithful adviser to City and, insofar as any of its duties are discretionary, act as the City's Representative as between City and third parties.