R2003-137 AUTHORIZING AGREEMENT - Laserfiche WebLink

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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 ofthe orderly and continuous progress of the PROJECT. Time is of the essence and therefore the project shall be completed with due diligence to conform to the agreed upon completion timing. The final plans and specifications shall be delivered within 90 days after the Notice to Proceed from the CITY. 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 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 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 CITI'. 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. b. Services performed to accomplish property surveys, preparation of legal description plats and documents for the acquisition of easements and/or right-of-way, and assistance to the OWNER in acquiring any necessary easements and right-of-way. Payment for Additional Services shall be on a time and expense basis in accordinance with the attached "Schedule of Charges". It is agreed that the OWNER will not be obligated for additional services unless authorized in writing by the OWNER. 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 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 terminating party. BGM 03-087 ENG AGREE - 4