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. APPENDIX C-t-REQUtltED PROVlStONS- CONSULTING EJratNEn1NG AaREEl4ENTS 1. Genna! 2. Reswnslblllty or the Engineer 3. Scope of Work 4. Changes S. Tf!nninaUon 6, Rt'medies '1. Payment 8. Project Design 9. Audit; Aceess t.o Records 10. Price R'eduction for Detective Cost. or Prlclng Data 11. subconl.r1t.Cts 12. Labor Standards 13. Equal Employment. Opportunity 14. UUllzaUon of Small or Minority Busi. ness 15. covenant. Against Contingent Fees 16.0ratuities n. Patents 18. Copyrlghla and Rights in Data. . 1. GENL'RAt. (a) The owner and the engineer agree t.hat. the following provisions apply to the EPA srant-ellgible work to be performed under this agreement amllhat such provisions su- persede any eonntctlng provisions of this agreement. (b) The work under this agreement is funded In part by a. grant from the U.S. En- vironmental Protection Agency. Neither the Untted States nor the U.S. Environmental Protection Agency (hereinafter, "EPA") is a party to this agreement. This agt'f'cment which covers grant-ellgible work Is subject to regulations contained In 40 CPR 35.936, 35.937. and 35.939 in effect on the date of execution of this agreement. M used in these 'clauses. the words "the date of necu. ticn of this agreement" m('an the date of execution of this agreement and any subse. quent modiflcatton of the terms, compcrn;a. tion or scrope of services pertinent to unper. formed work. (cl The owner's rights and remedies pro. vlded in these clauses. are in addition to any other rtghts and remedies provided by law or this ~KI'eement. 2. RESl'ONSIBIUTY OF THE ENGINEER (8.) The engfne-cr shall be responsible for the professional qU&1llY. teehnlcal accuracy. timE"ly completion. and the coordination of all designs, drawings. speciflcatlons. r<"ports, . and ot,her set'Vlees furnished by the engi. neer under this agreement, The engtueer shall, without addU,tonal compensation, cor. rect or reviae any errors, omissions, or other dHiclencies to his designs, drawings. specifi. cations, reporta, and other services.. <bl The engineer shall perfonn such pro- fessional servtees as may be necessary to s.c. ('omp1ish the work required to be performed undt'r thL'i agreemf!nt. in accordance wilh this agre'ement and applleable EP A Tt'Quire. ments In eUect on !.he date of execution of Ul1s atrt'emenL (c) The owner's or EPA's &PprovRl of, draVilnltS. designs. specUications. rt'poTLs, and Inddent.a1 enBlrw~rinK work or ma.lerl. als fumlshl'd h('reundt"r shall not in 1U1Y way relieve the engineer of responsibility tor the technical adequacy of his work. Nei. ther the C'Wllp.r's nor EPA's review. approval or aeeept.e.nce of. nor payment ror, any of Ute services shall be construed to operate as a waiver of any rights under thls a.greement. 44091 or of any cause of action arising out of the performance of t.his agreement.. (dl The engineer shall be and shall remain liable. in accordance with appllcable law, for all damages to the owner or EPA caused by the engineer's negligent. performance of any of t.he services fumL,>hed under this agree-' ment.. except for errors. omIsslons or other deilclencles to the extent attributable to Ute owner, owner.fundshed data or any Lhlrd party. The englneer shall not be responsible for any time delays in -the project caused by circumstances beyond the englneeer's con. trol Where lnnovaUv-e processes or Lech. niQues <see 40 CFR 35.908) are recommend. ed by the engineer and are used. the engl. neer shalt be liable only [or gross negligence to the extent of such use. :'I. SCOPE 01' WORK The services to be performed by the engl. neer shall tnclude all services required to complete the task or Step in accordance with applica.ble EPA regulaUons (40 CPR Part 35. subpart E in effect on the date of execution ot this e.greemenU to the extent. of the ~ope oC work as dennt.>d and set. out in tht' engineering services agreement to whIch these provlslons tu'C at.tached. . 4. CHAliGES (a) The owner may, at e.ny time. by writ. ten order, make. changes within the general &rope ot thIs agreement In the services or work to be performed. 1! such changes cause ail increase or decrease in the engineer's cost of, Dr time required tor, performance ot any services under this agreement. whether or not changed by any order, an equitable adjustment shall be made and this agTee. ment shall be modified in writing aecordlrig. ly. The engineer must assert any claim for adjustment under this clause in writing within 30 days from the dele oC reeefpt by the engineer of the notification of change, unleSs the owner grants a further period of time bt>fore the 'date of final payment. under this agreement. (b) No services for which an additional compensation will be charged by the engi. neer shall be furnished without the written authorization ot the owner. (c) In the event that there is a modUlca. tion of EPA requiretnents relating to. the services to be performed under this agree- ment after the date of execuLion of this agrct'mcnt. the Increased or decreased cOst of p('rtormance oC the services provided ror in this agreement shall be retle-cted in an appropriate mocUncatlon of this agreerqenL. 5. TERMINA'rlOIf (a) Either party tnll.Y termtn.l.f.e thili agree-- ment, in whole or iIi part, tn"wrltlng, if the other party substantiallY faUs to [uUlu its obllgaUons under this agreemenf through no faull of the tE"nninaUng party. llowever, no such terminaUon may be effected unless the other party is given (1) not less than t.en (10) calendar days written notice (delivered by certified mail, ret.urn receipt requested) oIlutent. to termina.te and (2l an opportwtl. ty for consultation lI.-fth the t.erminatlng party belore k'rinlnatlon. (bJ Tho ownC'r ma.y terminate this agree. m('nl, 1n whole or in part, in wrttlng, for Its convt'ntcnce, if the tRnnlnat.lon is lor good cause (such as for legal or financIal reasons, major changes in the work or program reo quirements, tniUauon of a new step) and the engineer is 8iven (1) not less than ten (10) calendar days wrU,ten noUce (delivered by fEDERAL RtGlSTP. VOL 43, NO. I_WEDNESDAY, SEPTEMllEIl 27, 1918