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CONTRACTURAL SERVICES Page 2 of 14 F. All services shall be performed by the Consultant to the satisfaction of the Director of Public Works, or his Designee, 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 hereto, and the District; and, Supplemental Instuctions Agreement(s) of such a nature as required shall be entered into by the parties in accordance herewith. Additional compensation shall be subject to the agreement of and funding by the District, in accordance with the Agreement between the City and the District (Contract #SI36213). 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. 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. H. The Consultant shall not be liable for use by the City, District or other third parties of plans, documents, studies, computer modeling, or other data for any purpose other than intended by the terms of this Consultant Agreement. I. All tracings, plans, specifications, maps, computer files and/or reports prepared or obtained under this Agreement, as well as all data collected, together with summaries and charts derived therefrom, shall be considered works made for hire and shall become the property of the City and the District upon completion or termination without restriction or limitation on their use except as set forth above in Paragraph 1.H.; and shall be made available, upon request, to the City at any time during the performance of such services and/or upon completion or termination of this Agreement. All written deliverables (reports, papers, analyses, maps, graphs, charts, and the like shall be submitted in a machine readable \\ch-jefferson\util$\2005\GeraJd\Seminole Co. WSP\Consultant Agreement.doc