R2001-169 AUTHORIZING THE 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 of the PROJECT. Contract completion shall be within 90 calendar days from the receipt of a written Notice to Proceed from the CITY. The ENGINEER shall not be responsible for any time delays in the PROJECT caused by cir- cumstances beyond the ENGINEER's control. 3. The C'ITY 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 CTTY 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 CIT'Y. 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, public hearings or other le al . . . , g or admuu � strative roceedm s mvolvin the PROJEC r P g g ot e t an a dispute between the CITY and ENGINEER b. 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. Technical payroll cost is defined as the direct productive salary cost for time directly chargeable to the project, plus fringe benefits and payroll burden (includes sick leave, vacation and holiday pay, unemployment t�es, contribution for social security, workmen's compensation, insurance, retirement benefits and medical insurance benefits). Reimbursement of expenses and costs incurred specifically in fulfilling the additional seivices authorized by the terms of this AGREEMENT such as, but not limited to, outside professional services, stakes, blueprints, supplies, toll ca11s, transportation and subsistence shall be at the actual cost plus five(5)percent. It is agreed that the CI1'Y will not be obligated for additional services unless authorized in writing by the CTTY. 5. Services resulting from significant changes in general scope of the PROJECT including, but not limited to, changes in size, comple�ty, or CITY's schedule; and revising previously accepted studies or reports, when such revisions are due to causes beyond ENGINEER's control shall be considered as a Change in Scope. 6. The obligarion 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 ternunating party, BGM 01-076 Page 4 of 5