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2. The total compensation for services la through lf listed under "THE ENGINEER AGREES", <br /> shall not exceed 41 500. This amount will not be exceeded by the ENGINEER without written <br /> authorization from the CITY. <br /> 3. The ENGINEER shall submit monthly statements requesting payment. Such statements shall be <br /> based upon the amount and value of the services provided and expenses incurred by ENGINEER <br /> to the date of the statement and shall be supplemented or accompanied by such supporting data as <br /> may be required by CITY. <br /> IT IS MUTUALLY AGREED, <br /> l. It shall be the ENGINEER's responsibility, when total monies due the ENGINEER approach a <br /> point near 50% of the total fee specified above, to review the work accomplished and make an <br /> estimate showing costs incurred and costs of services still required of the ENGINEER to <br /> complete his obligation. He shall do the same prior to when the total fees reach 90% of the <br /> maximum. If any of these estimates exceed the upper limit, the ENGINEER shall immediately <br /> submit the estimate to the CITY. The CITI' shall review the estimate and promptly direct the <br /> ENGINEER to: <br /> a. Stop work at a logical point when monies due the ENGINEER are within the limit of <br /> total fee, or <br /> b. Continue work under the terms of the AGREEMENT up to an adjusted limit as <br /> authorized in writing by the CITY. The ENGINEER will make no claim for payment in <br /> excess of the original limit without having received such written authorization prior to <br /> incurring the excess costs. <br /> 2. The provisions of this Section and the various rates of compensation for ENGINEER's services <br /> provided for in this AGREEMENT have been agreed to in anticipation of the orderly and <br /> continuous progress of the PROJECT. Time is of the essence and therefore the project shall be <br /> completed with due diligence to conform to the agreed upon completion timing. The design shall <br /> be completed within 3 months of the notice to proceed. The ENGINEER shall not be <br /> responsible for any time delays in the PROJECT caused by circumstances beyond the <br /> ENGINEER's control. <br /> 3. The CITY may at any time, by written order, make changes within the general scope of this <br /> AGREEMENT in the services or work to be performed. If such changes cause an increase or <br /> decrease in the ENGINEER's cost or time required to perform any services under this <br /> AGREEMENT, an equitable adjustment shall be made and this AGREEMENT shall be <br /> modified in writing. The ENGINEER must assert any claim for adjustment under this clause in <br /> writing within 30 days from the date of receipt of the ENGINEER of the notification of change <br /> unless the CITY grants additional time before the date of final payment. No services for which <br /> an additional compensation will be charged by the ENGINEER shall be furnished without the <br /> written authorization of the CITY. <br /> 4. Services performed during the performance of the AGREEMENT made necessary by the <br /> following circumstances or events shall be considered as Additional Services: <br /> a. Services performed as a result of litigation, arbitration, or other legal or administrative <br /> � proceedings involving the PROJECT other than a dispute between the OWNER and <br /> ENGINEER. <br /> I BGM 09-083 Page 3 of 4 <br />