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<br />Contract No.:COP/CEI-OOI <br />assistance for the safety and convenience of the City's representatives in the performance of their duties. <br /> <br />ARTICLE 17. SUBMISSION OF DELlVERABLES AND REPORTS <br />All applicable deliverables and study reports shall be submitted, in preliminary form, for approval by the City <br />before a final deliverables and reports are issued. The City's comments on the Engineer's preliminary <br />submissions must be addressed in the final deliverables and reports. <br /> <br />ARTICLE 18. VIOLATION OF CONTRACT TERMS <br />A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be <br />grounds for termination of the contract, and any increased or additional cost incurred by the City arising <br />from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. <br /> <br />B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, <br />but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. <br /> <br />ARTICLE 19. TERMINATION <br />A. Causes. The contract may be terminated before the stated completion date by any of the following <br />conditions. <br />1. By mutual agreement and consent, in writing from both parties. <br />2. By either party, upon the failure of the other party to fulfill its obligations as set forth herein, <br />3. By the City for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty <br />business days notice of termination in writing to the Engineer. <br />4. By satisfactory completion of all services and obligations described herein. <br /> <br />B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due <br />and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of <br />the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for <br />work at termination will be based on a percentage of the work completed at that time. Should the City <br />terminate this contract under paragraph (3) above, the Engineer shall not incur costs during the thirty-day <br />notice period in excess of the amount incurred during the preceding thirty days. <br /> <br />C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the City <br />terminates this contract for fault on the part of the Engineer, the City will give consideration to the following <br />when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set <br />forth in Attachment C, Fee Schedule) by the Engineer in performing the work to the date of default; (2) the <br />amount of work required which was satisfactorily completed to date of default; (3) the value of the work <br />which is usable to the City; (4) the cost to the City of employing another firm to complete the required work; <br />(5) the time required to employ another firm to complete the work; and (6) other factors which affect the <br />value to the City of the work performed, <br /> <br />D. Calculation of Payments. The City shall use the fee schedule set forth in Attachment C to the <br />contract (Fee Schedule) in determining the value of the work performed up to the time of termination. <br /> <br />E. Excusable Delays. Except with respect to defaults of sub-providers, the Engineer shall not be in <br />default by reason of any failure in performance of this contract in accordance with its terms (including any <br />failure to progress in the performance of the work) if such failure arises out of causes beyond the control <br />and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, <br />acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, <br />fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. <br /> <br />F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as <br />prescribed above shall extinguish the rights, duties, and obligations of the City and the Engineer under this <br />contract, except for those provisions that establish responsibilities that extend beyond the contract period. <br /> <br />G. Payment of Additional Costs. If termination of this contract is due to the failure of the Engineer to <br />fulfill its contract obligations, the City may take over the project and prosecute the work to completion, and <br />the Engineer shall be liable to the City for any additional cost to the City. <br /> <br />5 <br />