2023 09 19 City Council Packet

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OE-150T - Agreement Between Owner and Engineer for Professional Services – Task Order Edition      Page 2                 v. SP 07.31.23 
D. Owner shall give prompt written notice to Engineer whenever Owner observes or otherwise 
becomes aware of:  (1) any development that affects the scope or time of performance of 
Engineer’s services; (2) the presence at the Site of any Constituent of Concern; or (3) any 
relevant, material defect or nonconformance in Engineer’s services, the Work, the 
performance of any Constructor, or in Owner’s performance of its responsibilities under this 
Agreement. 
 
ARTICLE 3 - SCHEDULE FOR RENDERING SERVICES 
3.01 Term: 
A. This Agreement shall be effective and applicable to Task Orders issued hereunder for three 
(3) years from the Effective Date of this Agreement. 
B. The parties may extend or renew this Agreement, with or without changes, by written 
instrument establishing a new term. 
3.02 Times for Rendering Services: 
A. The Effective Date of the Task Order and the times for performing services or providing 
deliverables will be stated in each Task Order.  Engineer is authorized to begin rendering 
services under a Task Order as of the Effective Date of the Task Order.     
B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and 
continuous progress of Engineer’s services is impaired, or Engineer’s services are delayed 
or suspended, then the time for completion of Engineer’s services, and the rates and amounts 
of Engineer’s compensation, shall be adjusted equitably. 
C. If Owner authorizes changes in the scope, extent, or character of the Specific Project or 
Engineer’s Services, then the time for completion of Engineer’s services, and the rates and 
amounts of Engineer’s compensation, shall be adjusted equitably. 
D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as 
not to delay the Engineer’s performance of its services.   
E. If Engineer fails, through its own fault, to complete the performance required in a Task Order 
within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, 
to the recovery of direct damages, if any, resulting from such failure. 
F. With respect to each Task Order, the number of Construction Contracts for Work designed 
or specified by Engineer upon which the Engineer's compensation has been established shall 
be identified in the Task Order.  If the Work designed or specified by Engineer under a Task 
Order is to be performed or furnished under more than one prime contract, or if Engineer's 
services are to be separately sequenced with the work of one or more prime Contractors (such 
as in the case of fast-tracking), then the Task Order will state the schedule for performance 
of Engineer's services in order to sequence and properly coordinate such services as are 
applicable to the Work under the Construction Contracts. If the Task Order does not address 
such sequencing and coordination, then Owner and Engineer shall jointly develop a schedule 
for sequencing and coordination of services prior to commencement of final design services; 
this schedule is to be prepared and included in or become an amendment to the authorizing 
Task Order whether or not the work under such contracts is to proceed concurrently. 
ARTICLE 4 - INVOICES AND PAYMENTS 
4.01 Preparation and Submittal of Invoices:  Engineer shall prepare invoices in accordance with its 
standard invoicing practices, the terms of Exhibit C, and the specific Task Order.  Engineer shall 
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