Agmt23 BKF Engineers Tract Pump Station Improvement Project

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REV: 11-07-23 SK EXHIBIT B FEMA CONTRACT REQUIREMENTS 1. FEMA Requirements. This Agreement may be eligible for funding from the Federal Emergency Management Agency (FEMA). FEMA requires inclusion of the following provisions for procurement under exigent or emergency circumstances. The Parties must comply with these provisions as a minimum. In the event of a conflict with other provisions in this Agreement that address the same or a similar requirement, the provisions that are stricter and impose the greater duties upon BKF Engineers (hereinafter, “Consultant”) shall apply. 2. Remedies for Breach. In addition to all other remedies included in this Agreement, Consultant shall, at a minimum, be liable to the City for all foreseeable damages it incurs as a result of Consultant’s violation or breach of the terms of this Agreement. This includes without limitation any costs incurred to remediate defects in Consultant’s services and/or the additional expenses to complete Consultant’s services beyond the amounts agreed to in this Agreement, after Consultant has had a reasonable opportunity to remediate and/or complete its services as otherwise set for in this Agreement. All remedies provided for in this Agreement may be exercised individually or in combination with any other remedy available hereunder or under applicable laws, rules and regulations. The exercise of any remedy shall not preclude or in any way be deemed to waive any other remedy. 3. Termination for Convenience. City shall have the option, in its sole discretion, to terminate this Agreement, at any time during the term hereof, for convenience and without cause. City shall exercise this option by giving Consultant written notice of termination. The notice shall specify the date on which termination shall become effective. In no event shall City be liable for costs incurred by Consultant or any of its subcontractors after the termination date specified by City, except for those costs reasonably necessary to effectuate demobilization from the work. 4. Termination for Cause. On and after any event of default, City shall have the right to exercise its legal and equitable remedies, including without limitation, the right to terminate this Agreement for cause or to seek specific performance of all or any part of this Agreement. In addition, City shall have the right (but no obligation) to cure (or cause to be cured) on behalf of Consultant any event of default. Consultant shall pay to City on demand all costs and expenses incurred by City in effecting such cure, with interest thereon from the date of incurrence at the maximum rate then permitted by law. City shall have the right to offset from any amounts due to Consultant under this Agreement or any other Agreement between City and Consultant all damages, losses, costs or expenses incurred by City as a result of such event of default and any liquidated damages due from Consultant pursuant to the terms of this Agreement or any other Agreement. ATTY/AGR.2023.241/BKF Engineers (Price Tract Pump Station Design) (Page 46 of 54)