Res 1979-036 - Laserfiche WebLink

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~ :~ l- - [ ~ .~ I I (b) The engineer shall perform such professional services as may be necessary to accomplish the work required to be performed under this agree- ment, in accordance with this agreement and applicable EPA requirements in effect on the date of execution of this agreement. (c) The owner's or EPA's approval of drawings, designs, specifications, reports, and incidental engineering work or materials furnished hereunder shall not in any way relieve the engineer of responsibility for the technical ade- quacy of his work. Neither the owner's nor EPA's review,. approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this agreement or of any cause of action arising out of the performance of this agreement. (d) The engineer shall be and shall remain liable, in accordance with applicable law, for all damages to the owner or EPA cau~ed by the engineer's negligent performance of any of the services furnished under this agreement, except for errors, omissions or other deficiencies to the extent attributable to the owner, owner-furnished data or any third party. The engineer shall not be responsible for any time delays in the project caused by circumstances be- yond the engineer's control. Where innovative processes or techniques (see 40 CFR 35,908) are recommended by the engineer and are used, the engineer shall be liable only for gross negligence to the extent of such use. 3. SCOPE OF WORK The services to be performed by the engineer shall include all services required to complete the task or Step in accordance with applicable EPA regu- lations (40 CFR Part 35, Subpart E in effect on the date of execution of this agreement) to the extent of the scope of work as defined and set out in the engineering services agreement to which these provisions are attached. 4 . CHANGES (a) The owner may, at any time, by written order, make changes within the gen~ral ~cope of this agreement in the services or work to be performed. If such changes cause an increase or decrease in the engineer's cost of, or time required for, performance of any services under this agreement, 'whether or not changed by any order, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. The engineer must assert any claim for adjustment under this claus'e in writing within 30 days from the date of re- ceipt by the engineer of the notification of change unless the owner grants a further period of time before the date of final payment under ~his agreement. (b) No services for which an addtional compensation will be charged by the engineer shall be furnished without the written authorization of the owner. (c) In the event that there is a modification of EPA requirements relating to the services to be performed under this agreement after the date of execution of this agreement, the increased or decreased cost of performance of the services provided for in this agreement shall be reflected in an appropriate modification of this agreement. Page 2 of 8 pages