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of the ENGINEER to complete his obligation. He shall do the same prior to when the � I' <br /> total fees reach 90% of the maximum. If any of these estimates exceed the upper limit, the <br /> ENGINEER shall immediately submit the estimate to the CITY. The CITY shall review <br /> the estimate and promptly direct the ENGINEER to: <br /> a. Stop work at a logical point when monies due the ENGINEER are within the limit <br /> of 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 CIT'Y. The ENGINEER will make no claim for <br /> payment in excess of the original limit without having received such written <br /> authorization prior to incurring the excess costs. <br /> 2. The provisions of this Section and the various rates of compensation for ENGINEER's <br /> services provided for in this AGREEMENT have been agreed to in anticipation of the <br /> orderly and continuous progress of the PROJECT. Time is of the essence and therefore <br /> the project shall be completed with due diligence to conform to the agreed upon <br /> completion timing. The final plans and specifications shall be delivered within 90 days after <br /> the Notice to Proceed from the CITY. The ENGINEER sha11 not be responsible for any <br /> time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. <br /> 3. The CITY may at any time, by written order, make changes within the general scope of <br /> this AGREEMENT in the services or work to be performed. If such changes cause an <br /> increase or decrease in the ENGINEER's cost or time required to perform any services <br /> under this AGREEMENT, an equitable adjustment shall be made and this AGREEMENT <br />' shall be modified in writing. The ENGINEER must assert any claim for adjustment under <br /> this clause in writing within 30 days from the date of receipt of the ENGINEER of the <br /> notification of change unless the CITY grants additional time before the date of final <br /> payment. No services for which an additional compensation will be charged by the <br /> ENGINEER shall be furnished without the 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 <br /> administrative proceedings involving the PROJECT other than a dispute between <br /> the OWNER and ENGINEER. <br /> b. Services performed to accomplish property surveys, preparation of legal description <br /> plats and documents for the acquisition of easements and/or right-of-way, and <br /> assistance to the OWNER in acquiring any necessary easements and right-of-way. <br /> Payment for Additional Services shall be on a time and expense basis in accordinance with <br /> the attached "Schedule of Charges". It is agreed that the OWNER will not be obligated <br /> for additional services unless authorized in writing by the OWNER. <br /> BGM 03-088 ENG AGREE 4 <br />