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. . . 7.1.2.2 Any Construction Cost so established will include a contingency of ten percent (l 0%) unless another amount is agreed upon in writing. 7.1.2.3 ENGtNEER will be permitted to determine what types ofmateriats, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the Project to bring it within the cost limit. 7.].2.4 Ifthe Bidding or Negotiating Phase has not commenced within six (6) months after completion of the Final Design Phase, the established Construction Cost limit will not be binding on ENGINEER, and CITY shall consent to an adjustment in such cost limit commensurate with an applicable change in the general level of prices in the construction industry between the date of completion orthe Final Design Phase and the date on which proposals or bids are sought. 7.].2.5 If the lowest bona fide proposal or bid exceeds the established Constt1lction Cost limit, CITY shall (l) give written approval to increase the cost limit, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practices. In the case of (3t ENGINEER shall modifY the Contract Documents as necessary to bring the Constt1lction Cost within the cost limits. In lieu of other compensation for services in making such modifications, CITY shall pay ENGINEER, ENGINEER's cost of such services, all overhead expenses reasonably rclatcd thereto and Reimbursable Expenses, but without profit to ENGINEER on account of sHch services. The providing of such services will be the limit of ENGINEER's responsibility in this regard and, having done so, ENGtNEER shall be entitled to paymcnt for scrvices in accordance with this Agreement and will not otherwise be liabte to damages attribulabte to the towCS! bona fide proposal or bid exceeding the established Construction Cost. SECTION 8 - STANDARD OF CARE 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 ENG INEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in cOImection with ENGINEER's services. SECTION 9 - GENERAL CONDITIONS 9.1 TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon two days written notice. 9.2 REUSE OF DOCUMENTS 9.2.1 All documents including Drawings and Spccifications prepared or furnished by ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the Project, and the CITY will be provided with original record drawing copies for information and reference in connection with the use and occupancy of the by CITY and others; however, such documents are not intended or represented to be suitable for reuse by C1TY or others on extensions of the Project or on any other project. Any reuse without vmtten verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability or legat cxposure to ENGINEER, or to ENGINEER's independent professional associates or consultants, and CITY shall indemnifY and hold hannless ENGINEER and ENG]NEER's independent professional associates or consultants from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGtNEER. CITY understands that any Work Products prepared or provided on electronic media have a limited duration and require use of compatible software and hardware, which may become unavailable over time. ARDEN. WPD 16 Rev. December 72, 1997