R2001-59 AUTHORIZING THE EXECUTION OF AN AGREEMENT

Home Browse Search

6. The ENGINEER shall submit monthly statements requesting payment. Such statements shall � be based upon the amount and value of the services provided and expenses incurred by ENGINEER to the date of the statement and sha11 be supplemented or accompanied by such supporting data as may be required by CITY. 7. The fees specified in Paragraphs 1 through 6 above are based on the assumption that a "Notice to Proceed" will be issued in calendar year 2001. IT IS MUTUALLY AGREED, 1. It shall be the ENGINEER's responsibility,when total monies due the ENGINEER approach a point near 50%of the total fee specified above, to review the work accomplished and make an estimate showing costs incurred and costs of services still required of the ENGINEER to complete his obligation. He shall do the same prior to when the total fees reach 90% of the m�imum. If any of these estimates exceed the upper limit, the ENGINEER shall immediately submit the estimate to the CITY. The CITY sha11 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 plans, specifications and Engineer's estimate shall be delivered within 180 days after the Notice to Proceed from the CIT'Y. The ENGINEER shall not be responsible for any time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. 3. The CTI'Y 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 CITI'. 4. Services performed during the performance of the AGREEMENT made necessary by the following circumstances or events shall be considered as Additional Services: BGM O1-038 Page 4 of 5