R93-126 ACCEPTING THE PROPOSAL AND AUTHORIZING INTER-GOVERNMENTAL AGREEMENT

Home Browse Search

:.. . . • . a. Stop work at a logical point when monies due the EN- GINEER are within the upper limit of reimbursable actual costs, or b. Continue work under the terms of the AGREEMENT up to an adjusted upper limit of reimbursable actual costs as authorized in writing by the OWNER. The ENGINEER will make no claim for payment in excess of the original upper limit of reimbursable actual costs 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 order- ly and continuous progress of the PROJECT and are based on a construction period of 150 consecutive calendar days as contained in the specifications for this PROJECT. The ENGINEER shall not be responsible for any time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. 3 . The OWNER 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 modi- fied 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 OWNER 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 OWNER. 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, ar- bitration, public hearings or other legal or ad- ministrative proceedings involving the PROJECT other than a dispute between the OWNER and ENGINEER. b. Services performed to accomplish property surveys, pre- paration of legal description plats and documents for the acquisition of�easements and/or right-of-way, and assistance to the OWNER in acquiring any necessary easements and right-of-way. Payment for Additional Services shall be on a time and ex- pense basis to be computed at the technical payroll cost to the ENGINEER times a multiplier of 2 . 0. Technical payroll BGM 93028A -5-