City-Wide Drainage Study Revised Scope of Services 01-28-08

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or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under paragraph 4.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon the receipt of notice by Engineer. B. The terminating party under paragraphs 4.01.A.1 or 4.0l.A.2 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Project site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. 5.01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer each is hereby bound and the partners, successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by paragraph 6.013 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 7.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Engineer and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, and suppliers. C. Engineer neither- gHaFaRtO86 the per-fer-mance-af ibility any eentiaaoit neF assumes respons, for a" ar.r.or-danee with !he Wntffict betweeR Owner and such eentraster-. D. Engineer shall o; be FeSPORSiblO ;ff the OF SUPPIieFor- act , or- any other of any een"eter-'s agents or- empleyees Engineer-'s at the IlFejerat persons (exesep! own employees) fr:....ng an of $i'tL'l--or. other -wise or -peer for decision made—eH sentruetien inter-pFetations wedE; or- any or- elar-iflea4ions of the on by QWReF and advice eantFarat given ef-Engineer: without consultatien E. etien "StandaM Goner -a! Conditions of the 0-ongtr--vtogn st F. All design documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. 2of4 EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.