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The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, <br /> and no third party beneficiary is intended or created by the execution of this AGREEMENT. <br /> The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has <br /> fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is <br /> available to it under other provisions of this AGREEMENT, or otherwise in law. <br /> XIII. Extra Work <br /> A. The AGENCY may at any time,by written order, make changes within the general scope of this AGREEMENT <br /> in the SERVICES to be performed. <br /> B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance <br /> of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise <br /> affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment <br /> in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and(3) other affected terms <br /> and shall modify this AGREEMENT accordingly. <br /> C. The CONSULTANT must submit any"request for equitable adjustment,"hereafter referred to as "CLAIM," <br /> under this clause within thirty(30) days from the date of receipt of the written order. However, if the AGENCY <br /> decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final <br /> payment of this AGREEMENT. <br /> D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing <br /> in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. <br /> E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for <br /> this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement <br /> to this AGREEMENT. <br /> XIV Endorsement of Plans <br /> If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering <br /> data furnished by them. <br /> XV. Federal Review <br /> The Federal Highway Administration shall have the right to participate in the review or examination of the <br /> SERVICES in progress. <br /> XVI. Certification of the Consultant and the Agency <br /> Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit <br /> "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters -Primary Covered <br /> Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying <br /> and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's <br /> over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over <br /> five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and <br /> submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General <br /> Requirements" prior to its performance of any SERVICES under this AGREEMENT. <br /> Agreement Number: <br /> Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 <br /> Revised 311112016 28 <br />