R2008-160 AUTHORIZING AGREEMENT - Laserfiche WebLink

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, . ' ' � " , . , . ENGINEER to: a. Stop work at a logical point when monies due the ENGINEER are within the limit of total fee, or b. Continue work under the terms of the AGREEMENT up to an adjusted limit as authorized in writing by the CITY. The ENGINEER will make no claim for payment in excess of the original limit without having received such written authorization prior to incurring the excess costs. 2. The provisions of this Section and the various rates of compensation for ENGINEER's services provided for in this AGREEMENT have been agreed to in anticipation of the orderly and continuous progress of the PROJECT. Time is of the essence and therefore the project shall be completed with due diligence to confonn to the agreed upon completion timing. The study shall be completed July 1, 2009. The ENGINEER shall not be responsible for any time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. 3. The CITY may at any time, by written order, make changes within the general scope of this AGREEMENT in the services or work to be perfonned. 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 CITY 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 CITY. 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, or other legal or administrative proceedings involving the PROJECT other than a dispute between the OWNER and ENGINEER. Payment for Additional Services shall be in accordance with the Schedule of Charges. 5. Services resulting from significant changes in general scope of the PROJECT including, but not limited to, changes in size, complexity, or CITY's schedule; and revising previously accepted designs, studies or reports, when such revisions are due to causes beyond ENGINEER's control shall be considered as a Change in Scope. 6. The obligation to provide further services under this AGR�EMENT may be terminated by either party upon 7 days' written notice in the event of substantial failure by the other parly to perform in accordance with the terms her�of through no fault of the terminating party. THE CITY AND THE ENGINEER each binds himself, his partners, successors, executors, administrators and assignees to each other party hereto in respect to ali the covenants and agreements herein and, except as above, neither the CITY nor the ENGINEER shall assign, sublet or transfer any part of his interest in this AGREEMENT without the written consent of the other party hereto. BGM 08-069 Page 3 of 4