10-2137 Continuing Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 4 of 20 City becomes dissatisfied with the work or performance of any member of the Consultant's staff, or a subconsultant's staff, the Consultant shall cause the person to be removed from working on the City's project. L. Execution of this Agreement by the Consultant is a representation that the Consultant is familiar with the work to be performed and with local conditions. Consultant shall make no claim for additional time or money based upon its failure to comply with this paragraph. The Consultant has informed the City, and hereby represents to the City, that it has extensive experience in performing work similar to the work identified in the Supplemental Agreement, and that it is well acquainted with the components that are properly and customarily included within such a project and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the Project Services, including building, labor, safety, licensing or environmental laws and local building codes, building standards and trade practices affecting the Project Services (the "Public Laws"). M. Where conflicts exist within or between the Agreement documents and either applicable industry standards or applicable codes, ordinances, or other legal requirements, the more stringent requirements apply; otherwise this order of precedence shall be used: The Agreement, Supplemental Agreement, Specifications, Drawings and Modifications, if any. 2. TERMS: A. Unless otherwise provided herein or by Supplemental Agreement, the provisions of this Agreement shall remain in full force and effect through completion of all services required of the Consultant or a three (3) year term from the date of execution of this agreement, whichever occurs first. (1) The scheduled Project Services to be rendered by the Consultant shall commence, subsequent to execution of this Agreement, on the date specified in the written notice to proceed from the City's Director of Public Works or his designee, which notice to proceed shall become part of this Agreement. (2) The Consultant shall complete scheduled Project Services as specified in the notice to proceed or as specified in any Amendment or Supplemental Agreement. Services required after completion of scheduled Project Services, including, but not limited to, design assistance, construction assistance, and litigation assistance, will be completed within the term of this Agreement at written direction of the City. Supplemental Agreements may be negotiated for any post project schedule services needed by the City.