R2010-05 AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH THE SANITARY DISTRICT OF DECATUR

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� 2. The DIS`I'RICT �nay at an}� time, by wr�Cte71 ordei-, �nake cl�anges wittun tl�e general scope ol this AGItE�1VYENT in the ser��ices or worlc to be performed. If sucl� chan�es cause an increase oJ� decrease in i�he ENGINEER's cosi or time required to perlonu any services under- tlus AGP.�]EMENT, an equitable adjustmeni shall be made and tlus AGItEEM�NT sliall be n7odi�ed in writing. The ENGIN�ER musi assert any claim for adjusiYnent under this clause in writing within 30 days f�-om the date oI�receipi of�the ENGINE�R of the notification of cliange unless the DISTRICT granis additional�time before the date o1�linal payment. No services for which an aclditional compensation will be chal�ged by the�NGINEER shall be furnisl�ed without the written autl�orization of�the D1S�'ItICT. 3. Services resulting from sibnificant changes in general scope of tlie I'I20.�CT including, but noi limited to, changes in size, comple�ity, DISTILICT's schedule, or character of construction; and i•er�ising previously accepted studies, reports, design documents or contract documents when such revisions are due to causes beyond ENGINEER's control, shall be considered as a Change in Scope. 4. Services performed during the performance of the AGRE�M�NT made necessary by the following circumstances or events shall be considered as Additional Sen�ices: a. Services performed as a result of litigation, arbitration, public hearings or other legal ar administrative proceedings involving the PROJECT other-than a dispute between the DIS'I'RICT and ENGINEER. b. Services performed to accomplish property surveys, preparation of legal description plats and documents for the acquisition of land, easements and/or right-of-way, and assistance to the DIS'I'RICT in acquiring any necessary land, easements and right-of-way. 5. Payment for Additional Services shall be on a time and expense basis in accordance with the attached Schedule of Charges. 6. The obligation to provide further services under� tlus AGP.�EII�NT may be terminated by either�party upon 7 days writlen notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fauli of the ternunatuig party. 7. Neither the DISTRICT nor the �NGIN�ER shall be obligated to indemnify the other party in any mamieT�whatsoever foi�tihe other-part��'s own ne�;ligence. THE DISTRICT AND TH� ENGIN��R each binds himself, his partners, successors, executors, administrators and assignees to each other part�� hereto in respect to all the covenants and agreenlents Ierem an , except as a�ove, neit ier t e ��TI�ICT nor t ie + + + s�7 BGM O�i-071 C Page 4