10-2137 Continuing Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 2 of 20 compensation. Reference herein to this Agreement shall be considered to include any Supplemental Agreement. D. In the performance of professional services, the Consultant shall use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities. The Consultant shall use due care in performing in a design capacity and shall have due regard for acceptable standards of design principles. E. The Consultant agrees to provide project schedule progress reports in a format acceptable to the City and at intervals established by the City. The City will be entitled at all times to be advised, at its request, as to the status of work being done by the Consultant and of the details thereof. Coordination shall be maintained by the Consultant with representatives of 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