R95-147 AUTHORIZING THE PROPOSAL AND AUTHORIZING A CONTRACT

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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 haue been agrced to in anticipation of the order- ly and continuous progress of the PROJECT. Contract completion shall be within 140 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 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 sha11 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 shall 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 shall be considered as Additional Services: a. Services perforrned as a result of litigation, arbitration, public hearings or other legal or administrative proccedings involving the PROJECT other than 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 2.0. Technical payroll cost is defineri 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 taxes, 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 services authorized by the terms of this AGREEMENT such as, but not limited to, outside professional services, stakes,blueprints, supplies, toll calls, transportation and subsistence shall be at the actual cost of the ENGINEER. It is agreed that the CITY will not be obligated for additional services unless authorized in writing by the CITY. 5. Services resulting from significant changes in general scope of the PROJECT including, but not limited to, changes in size, complexity, 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 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 95050 Page 8 of 9