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' �e ..� <br /> b. Continue work under the terms of the AGREEMENT up to an adjusted limit as <br /> authorized in writing by the CTI'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 the <br /> project shall be completed with due diligence to conform to the agreed upon completion <br /> timing. The final reports sha11 be delivered within 90 days after the Notice to Proceed from <br /> the CITY. The ENGINEER sha11 not be responsible for any time delays in the PROJECT <br /> caused by circumstances beyond the ENGINEER's control. <br /> 3. The CITY may at any time, by�vritten order, make changes within the general scope of this � <br /> AGREEMENT in the services or work to be performed. If such changes cause an increase <br /> or decrease in the ENGINEER's cost or time required to perform any services under this <br /> AGREEMENT, an equitable adjustment shall be made and this AGREEMENT sha11 be <br /> modified in writing. The ENGINEER must assert any claim for adjustment under this clause <br /> in writing within 30 days from the date of receipt of the ENGINEER of the notification of <br /> change unless the CITY grants additional time before the date of final payment. No services <br /> for which an additional compensation will be charged by the ENGINEER sha11 be furnished <br /> 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 oflitigation,arbitration,or other legal or administrative <br /> proceedings involving the PROJECT other than a dispute between the OWNER and <br /> ENGINEER. <br /> Payment for Additional Services shall be on a time and expense basis to be computed at the <br /> technical payroll cost to the ENGINEER times a multiplier of 2.1. Reimbursement of <br /> expenses and costs incurred specifically in fulfilling the additional services authorized by the <br /> terms ofthis AGREEMENT such as,but not limited to,outside professional services,stakes, , <br /> blueprints, supplies, toll calls, transportation and subsistence shall be at the actual cost of the � <br /> ENGINEER, plus 5%. It is agreed that the OWNER will not be obligated for additional <br /> services unless authorized in writing by the OWNER. <br /> 5. Services resulting from significant changes in general scope of the PROJECT including,but <br /> not limited to, changes in size, complexity, or CITY's schedule; and revising previously <br /> accepted designs, studies or reports, when such revisions are due to causes beyond <br /> ENGINEER's control shall be considered as a Change in Scope. <br /> 6. The obligation to provide further services under this AGREEMENT may be terminated by <br /> either party upon 7 days' written notice in the event of substantial failure by the other party <br /> to perForm in accordance with the terms hereof through no fault of the terminating party. <br /> BGM 02-059 ENG AGREE -4 <br />