R2003-83 AUTHORIZING EXECUTION OF AGREEMENT

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fees reach 90% of the maximum. If any of these estimates exceed the upper limit, the � ENGINEER shall immediately submit the estimate to the CITY. The CITY 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 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 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 sha11 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 CTI'Y 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. b. Services performed to accomplish property surveys, preparation of legal description plats and documents for the acquisition of easements andlor 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. BGM ENG AGREE 4