R2002-30 AUTHORIZING EXECUTION OF AN AGREEMENT

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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 ofthe PROJECT. Time is ofthe essence and therefore the project shall be completed with due diligence to conform to the agreed upon completion timing. The final reports sha11 be delivered within 180 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 sha11 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 sha11 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. Payment for Additional Services shall be on a time and expense basis to be computed at the technical payroll cost to the ENGINEER times a multiplier of 2.1. Reimbursement of expenses and costs incurred specifically in fulfilling the additional services authorized by the terms ofthis AGREEMENT such as,but not limited to,outside professional services,stakes, blueprints, supplies,toll calls,transportation and subsistence sha11 be at the actual cost of the ENGINEER, plus 5%. 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 includin�,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 02-042 ENG AGREE- 5