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           <br />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 />Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement <br />Revised 02/01/2021