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TT IS MUTUALLY AGREED, <br /> 1. It shall be the ENGINEER's responsibility, when total monies due the ENGINEER as <br /> reimbursement for actual costs approach a point near 50% of the reimbursable actual costs <br /> specified above, to review the work accomplished and make an estimate showing costs � <br /> incurred and costs of services still required of the ENGINEER to complete his obligation. I' <br /> He shall do the same prior to when the costs incuired reach 90% of reimbursable actual costs. , <br /> If any of these estimates exceed the upper limit of reimbursable actual costs, the ENGINEER �I <br /> sha11 immediately submit the estimate to the CITY. The CITY shall review the estimate and 'i <br /> promptly direct the ENGINEER to: � <br /> a. Stop work at a logical point when monies due the ENGINEER are within the limit I <br /> of reimbursable actual costs, or ', <br /> b. Continue work under the terms of the AGREEMENT up to an adjusted limit of <br /> reimbursable actual costs as authorized in writing by the CITY. The ENGINEER <br /> will make no claim for payment in excess of the original limit of reimbursable actual ', <br /> costs without having received such written authorization prior to incurring the excess <br /> costs. i� <br /> 2. The provisions of this Section and the various rates of compensation for ENGINEER's I <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 plans, specifications and Engineer's estimate sha11 be delivered within 30 days <br /> after the Notice to Proceed from the CTTY. The final inspection shall be scheduled within �'� <br /> 24 hours of substantial completion of the construction. Record Drawings and final reports � <br /> sha11 be submitted to the CITY within 30 days after final completion of the project by the <br /> Contractor. The ENGINEER shall not be responsible for any time delays in the PROJECT <br /> caused by circumstances beyond the ENGINEER's control. <br /> 3. The CTTY may at any time, by written 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 CI'TY grants additional time before the date of final payment. No services <br /> for which an additional compensation will be charged by the ENGINEER shall 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 perfonned as a result of litigation, arbitration, public hearings or other legal <br /> or administrative proccedings involving the PROJECT other than a dispute between <br /> the CITY and ENGINEER <br /> BGM 98057 (Rev. 5/26/98) Page 5 of 6 <br />