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<br /> -3- <br /> A. That the time for performance of Phas~ I services by the ENGINEER is <br /> set forth in Appendix A hereto. The tiIœ for performance by the <br /> ENGINEER of Phases II am III services (if authorized by the City) <br /> has not yet been negotiated. However, the ENGINEER shall rot be <br /> liable for delays of services resul ting fran causes beyond the <br /> reasonable control of the ENGINEER. <br /> B. That the ENGINEER shall not be liable for indirect or consequential <br /> damages unless such are caused by or result fran error, anission or <br /> negligent act of the ENGINEER. <br /> C. '!hat the ENGINEER will perform any supplemental services requested <br /> in writing by the CITY which are not specifically covered in the <br /> Scope of Vbrk as defined in Appendix B, such as services in con- <br /> nection with litigation regarding the project, appearances before <br /> special boards, and similar services, at a reasonable fee or com- <br /> pensation as agreed upon by the CITY and the ENGINEER at the t i.me <br /> any such services may be required. <br /> D. '!hat the services provided for herein for any Phase of the project <br /> shall not commence prior to receipt of written notice to proceed <br /> fran the CITY. <br /> E. That the upper billing limits stipulated herein are based on the <br /> Contract being approved and the start of work being authorized <br /> before April 1, 1985. If the start of work. is not authorized before <br /> this date, or if the ENGINEER is delayed fran canpleting the Phase I <br /> scope of services as defined in Appendix B during calendar year 1985 <br /> for causes beyond the reasonable control of the ENGINEER, the fee <br /> limi t shall be subject to renegotiation to provide for inflation. <br /> F. That the CITY will separately pay all local taxes or fees applicable <br /> to this project, if any. <br /> G. Either party may at any time terminate this Contract by serving <br /> written notice upon the other party, and the CITY shall canpensate <br /> the EN3INEER for actual work perforrœd to the date of such notifi- <br /> cation in accordance with terms as set forth herein. <br /> H. All services shall be under the direction of a professional el'YJineer <br /> registered in the State of Texas, assisted by qualified personnel. <br /> I. Records of the EN3INEER'S direct labor costs and re imbursable <br /> expenses pertaining to the services covered by this Contract shall <br /> be kept on an acceptable accounting basis and shall be available <br /> within a reasonable time for inspection by the CITY or its <br /> authorized representative in San Marcos, Texas, upon request by CITY <br /> for such inspection. <br />