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10-2147 Continuing Professional Utilities Services - Brown & Campbell
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10-2147 Continuing Professional Utilities Services - Brown & Campbell
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7/29/2010 7:42:31 PM
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7/29/2010 7:40:13 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
6/28/2010
Doc Number
10-2147
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schedule delay, as a minimum and not to exceed the Agreement term, by <br />issuance of a Time Extension Letter. This letter shall be for time only and <br />does not include any additional compensation. In the event any Act of <br />God, civil commotion, riot, war, weather, natural disaster, industrial action, or <br />any other circumstances over which Consultant has no control, causes <br />cessation of or substantial interference with the performance of the Services <br />hereunder for a period in excess of six (6) consecutive months, the duty of <br />Consultant to provide the Services shall have ceased unless reasonable <br />compensation for resumption of the Services is agreed to by the parties. <br />It shall be the responsibility of the Consultant to ensure at all times that <br />sufficient time remains in the Project Schedule within which to complete <br />the services on the project. In the event there have been delays which <br />would affect the project completion date, the Consultant shall submit a <br />written request to the City which identifies the reason(s) for the delay, the <br />amount of time related to each reason and specific indication as to <br />whether or not the delays were concurrent with one another. The City will <br />review the request and make a determination as to granting all or part of <br />the requested extension. <br />In the event time for performance of the scheduled project services <br />expires and the Consultant has not requested, or if the City has denied an <br />extension of the Project Schedule completion date, partial progress <br />payments will be stopped on the date time expires. No payment shall be <br />made for work performed after the Project Schedule completion date until <br />a time extension is granted or all work has been completed and accepted <br />by the City if the Agreement term has not passed. <br />C. Consultant Responsibilities. <br />(1) Consultant shall be responsible for the professional quality, <br />accepted standards, technical accuracy and the coordination of all <br />analysis, planning, and other services furnished by Consultant <br />under this Agreement as well as the conduct of its staff and agents. <br />Consultant shall, without additional compensation, correct or revise <br />any errors or deficiencies in its work product. The Consultant shall <br />work closely with the City on all aspects of the work and services. <br />The work may include work sessions with the City Commission and <br />presentations before public agencies. <br />(2) Neither the City's review, approval or acceptance of, nor payment <br />for, any of the services required shall be construed to operate as a <br />waiver of any rights under this Agreement or of any cause of action <br />arising out of the performance of this Agreement and the <br />Consultant shall be and remain liable to the City in accordance with <br />applicable law for all damages, injury or loss to the City to the <br />5 <br />
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