standard of care. Any approval by the City of any products or services turnshed or used by
Professional Engineer shall not in any way relieve Professional Engineer of the responsibility for
professional and technical accuracy and adequacy of its work. City review, approval, or
acceptance of, or payment for any of Professional Engineer's work under this contract shall not
operate as a waiver of any of the City's rights or causes of action under this contract, and
Professional Engineer shall be and remain liable in accordance with the terms of the contract and
applicable law.
Professional Engineer shall furnish competent and skilled personnel to perform the work under
this contract. The City reserves the right to approve key personnel assigned by Professional
Engineer to perform work under this contract. Approved key personnel shall not be taken off of
the project by Professional Engineer without the prior written approval of the City, except in the
event of termination of employment. Professional Engineer shall, if requested to do so by the
City, remove from the job any personnel whom the City determines to be incompetent,
dishonest, or uncooperative.
4. CITY REPRESENTATIVE. The City may designate a City representative for this contract.
If designated, all notices, project materials, requests by Professional Engineer, and any other
communication about the contract shall be addressed or be delivered to the City Representative.
5. CHANGES TO SCOPE OF WorRK. The City may, at any time, by written order, make
changes to the general scope, character, or cost of this contract and in the services or work to be
performed, either increasing or decreasing the scope, character, or cost of Professional
Engineer's performance under the contract. Professional Engineer shall provide to the City within
10 calendar days, a written proposal for accomplishing the change. The proposal for a change
shall provide enough detail, including personnel hours for each sub-task and cost breakdowns of
tasks, for the City to be able to adequately analyze the proposal. The City will then determine in
writing if Professional Engineer should proceed with any or all of the proposed change. If the
change causes an increase or a decrease in Professional Engineer's cost or time required for
performance of the contract as a whole, an equitable adjustment shall be made and the contract
accordingly modified in writing. Any claim of Professional Engineer for adjustment under this
clause shall be asserted in writing within 30 days of the date the City notified Professional
Engineer of the change and shall be consistent with the proposal for change provided in
accordance with this section.
When Professional Engineer seeks changes, Professional Engineer shall, before any work
commences, estimate their effect on the cost of the contract and on its schedule and notify the
City in writing of the estimate. The proposal for a change shall provide enough detail, including
personnel hours for each sub-task and cost breakdowns of tasks, for the City to be able to
adequately analyze the proposal. The City will then determine in writing if Professional
Engineer should proceed with any or all of the proposed change.
Except as provided in this paragraph, Professional Engineer shall implement no change unless
the City in writing approves the change. Unless otherwise agreed to in writing, the provisions of
this contract shall apply to all changes. The City may provide verbal approval of a change when
the City, in its sole discretion, determines that time is critical or public health and safety are of
concern. Any verbal approval shall be confirmed in writing as soon as practicable. Any change
undertaken without prior City approval shall not be compensated and is, at the City's election,
sufficient reason for contract termination.
GC 40f 13
