R2004-159 ACCEPTING THE BID AND AUTHORIZING A CONTRACT

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' THE OWNER AGREES, 1. Payment for all services rendered under the terms of this AGREEMENT shall be based on time spent on each of the individual tasks in accordance with the attached Schedule of Charges. The total fee for the Design Engineering Services shall not exceed $285,000. This amount will not be exceeded by the Engineer without written authorization from the City. 2. The ENGINEER may submit monthly ar periodic statements re uestin a ment. Such q gP Y statements shall be based upon the amount and value of the services provided and expenses incurred by ENGINEER to the date of the statement and shall be supplemented or accompanied by such supporting data as may be required by OWNER. IT IS MUTUALLY AGREED, It shall be the ENGINEER's responsibility, when total monies due the ENGINEER approach a point near 50% of the upper limit specified above, to review the work accomplished and make an estimate showing costs incurred and costs of services still required of the ENGINEER to complete his obligation. He shall do the same prior to when the costs incurred reach 90% of upper limit of costs. If any of these estimates exceed the upper limit of the costs, the ENGINEER shall immediately submit the estimate to the OWNER. The OWNER shall review the estimate and promptly direct the ENGINEER to: a. Stop work at a logical point when monies due the ENGINEER are within the upper limit of costs, or b. Continue work under the terms of the AGREEMENT up to an adjusted upper limit of costs as authorized in writing by the OWNER. The ENGINEER will make no claim for payment in excess of the original upper limit of costs 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. The ENGINEER shall not be responsible for any time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. 3. The OWNER 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 OWNER 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 OWNER. BGM 04-100 4