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. . � . , . - � • , <br /> a. Services perfonned as a result of litigation, 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 /> e}cpenses and costs incuned specifically in fulfilling the additional services authorized by the <br /> tenns of this AGREEMENT such as, but not limited to, outside professional services, stakes, <br /> blueprints, supplies,toll ca11s, 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 /> THE CITY AND THE ENGINEER each binds himself, his partners, successors, executors, <br /> administrators and assignees to each other party hereto in respect to all the covenants and agreements <br /> herein and, except as above, neither the CITY nor the ENGINEER sha11 assign, sublet or transfer <br /> any part of his interest in this AGREEMENT without the written consent of the other party hereto. <br /> � <br /> � , <br /> IN S WHEREOF, the parties hereto have affixed their hands and seals this ✓/G day of <br /> , 2001. <br /> BAINBRIDGE, GEE, MILANSKI AND <br /> CITY OF DECATUR: ASSOCIATES, INC. <br /> � <br /> By BY <br /> Terry . Ho Steven . Bainbridg � <br /> Mayor Treasurer ', <br /> ATTEST: ATTEST: <br /> � <br /> _� < <br /> By � . �-�� By <br /> Celeste F. Harris Charles R. Hun ' <br /> City Clerk Secretary <br /> BGM 01-038 Page 5 of 5 <br />