R2008-231 AUTHORIZING AGREEMENT SANITARY DISTRICT OF DECATUR

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, � . , ' � 2. The DISTRICT may at any time, by written order, make changes within the general scope of this AGREEMENT in the services or work to be performed. If such changes cause an increase or decrease in the ENGINEER's cost or time required to perform any services under this AGREEMENT, an equitable adjustment shall be made and this AGREEMENT shall be modified in writing. The ENGINEER must assert any claim for adjustment under this clause in writing within 30 days from the date of receipt of the ENGINEER of the notification of change unless the DISTRICT grants additional.time before the date of final payment. No services for which an additional compensation will be charged by the ENGINEER shall be furnished without the written authorization of the DISTRICT. 3. Services resulting from significant changes in general scope of the PROJECT including, but not limited to, changes in size, complexity, DISTRICT's schedule, or character of consh-uction; and revising 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 AGREEMENT made necessary by . the following circumstances or events shall be considered as Additional Services: a. Services performed as a result of litigation,arbitration,public hearings or other legal or administrative proceedings involving the PROJECT other than a dispute between the DISTRICT 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 DISTRICT 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 this AGREEMENT may be terminated by either party upon 7 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the ternunating party. 7. Neither the DISTRICT nor the ENGINEER shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. THE DISTRICT AND THE ENGINEER each binds himself, his partners, successors, executors, administrators and assignees to each other parly hereto in respect to all the covenants an agreements erein an , except as a ove, nei er e nor t e s a BGM 08-071 C Page 4