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Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder for the Services shall not exceed the sum of fifty-seven thousand seven hundred seventy-five dollars ($57,775). Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefor by Consultant to City, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed. 3. ADDITIONAL SERVICES. Notwithstanding Paragraph 2 of this Agreement, in the event City desires the performance of additional services not otherwise included within the Services or the Construction Management and Contract Administration services, such additional services shall be authorized by written amendment or task order approved in advance of the performance thereof. Such amendment or task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefor, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by an amendment or task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment or task order. 4. ASSIGNABILITY. Neither Consultant nor City shall subcontract, assign, sell, mortgage, hypothecate or otherwise transfer their respective interests or obligations in this Agreement without the express prior written consent of the non-transferring party. 5. STATUS. In the performance of services hereunder, Consultant shall be, and is, an independent contractor, and shall not be deemed to be an employee or agent of City. 6. PERFORMANCE STANDARDS. In performing services hereunder, Consultant shall adhere to the standards generally prevailing for the performance of expert engineering and geological consulting services similar to those to be performed by Consultant hereunder. 7. DOCUMENTS. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by Consultant pursuant to the terms of this Agreement, shall, upon preparation and delivery to City, become the property of City. 8. SCHEDULE. Consultant shall generally adhere to the schedule set forth in Exhibit "A"; provided, that City shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of Consultant's work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. F:Atty/Agr/Agr.092 012703 2