10-2147 Continuing Professional Utilities Services - Brown & Campbell

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F. All services shall be performed by the Consultant to the reasonable 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. Notwithstanding, if Consultant disagrees with the Director's conclusions and decisions, then such dispute shall be subject to the dispute resolution provisions in Article 8. Adjustments of compensation and contract time because of any material changes in the work that may become necessary or desirable as the work progresses shall be subject to mutual agreement of the parties, and written Change Order(s) to Supplemental Agreement(s) as required shall be entered into by the parties in accordance herewith. Agreement on and execution of any Change Order to a Supplemental Agreement shall constitute agreement on 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 to do so by the City, Consultant shall submit for City approval a revised proposal with a revised fee schedule for such additional work that is not required as a result of error, omission or negligence by the Consultant. Upon approval by the City, Consultant shall be entitled to additional compensation. 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. The parties agree in good faith to resolve such disputes regarding Consultant's compensation in accordance with paragraph 8. 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.