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E. SPECIAL PROVISIONS Without attempting to be all-inclusive and for purposes of clarity, the following items are specifically not included in the Scope of Services: 1 . Meetings other than those listed. 2. Project design and documentation outside existing synthetic turf field limits 3. Topographic Surveying or Underground Utility Surveying 4. Environmental Impact Report documentation 5. Electrical and Structural Engineering Design 6. Permitting with public agencies other than the City 7. Architecture Design 8. Public right-of-way design work 9. Fees of any kind required for project approval. 10. Soil and / or Field sampling and Laboratory Testing services (other than initial geotechnical testing at Marlin Park as noted above) 11 . QSD /QSP Services (other than erosivity waiver or SWPPP processing for the two project areas) Services will be diligently pursued and every reasonable effort will be made to meet the mutually agreed upon schedule. If the completion of the services is delayed at any time in the progress of the work undertaken in this Agreement by conditions beyond the control of the Consultant; including but not limited to: strikes, lockouts, labor disputes, or the inability of City, his consultants, utility companies, or jurisdictional agencies to provide required information, processing or direction; the time of completion shall be extended during such period and Consultant shall be held harmless from any and all claims arising out of such delay. F. CHANGE IN SERVICES City may order changes in scope or character of service, either decreasing or increasing the amount of Consultant's services, and if necessary, changing the character of services. In the event that such changes are ordered, Consultant is entitled to full compensation for all services performed and expenses incurred prior to receipt of notice of change. In the event that additional services including, but not limited to design, plans, renderings, and presentations not included in the Scope of Services are required; or for changes and revisions requested by the City after work has been performed, they will be performed on an hourly charge rate basis as extra work in accordance with the charge rate schedule in effect at the time the services are performed. REV: 10-17-16 VR Page 13 of 15 ATTY/AGR.2016.299Nerde Design, Inc