06/17/2021 SEWER COMMISSION Minutes

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AMENDMENT NO.4 TOWN F MASHP E AND GHD INC. PAGE 18 9. The OWNER may, at any time, by written order, make changes within the general scope of this agreement in the services or work to be performed. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of any services under this agreement, whether or not changed by any order, an equitable adjustment shall be made and this agreement shall be modified in writing accordingly. The Contractor must assert any claim for adjustment under this clause in writing within Thirty (30) days from the date of receipt by the Contractor of the notification of change, unless the OWNER grants a further period of time before the date of final payment under this agreement. 10. No services for which an additional compensation will be charged by the Contractor shall be furnished without the written authorization of the OWNER. 11. In the event that there is a modification of MassDEP requirements relating to the services to be performed under this agreement after the date 'of execution; of this agreement, the increased or decreased cost of performance of the services,provided for in this agreement shall be reflected in an appropriate modification of this agreement. 12. Either party may terminate this agreement, in whole or in part, in writing,if the other party substantially fails to fulfill its obligations under this agreement through no fault of the terminating party. However, no such termination may be effected unless the other partyAs'given (1) not less than ten calendar days written notice (delivered by certified,mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party before termination. 13. The OWNER may terminate this agreement, in whole or in part, in writing, for its convenience, if the termination is for good cause (such as for legal;or financial reasons, major changes in the work or program requirements initiation of a new phase) and the Contractor is given (1) not less than ten calendar days written notice'(delivered by cerified mail, return`t receipt requested)of intent to terminate, and(2)an opportuinity for consultation with the terminating party before termination. 14. If the.OWNER terminates for,defarllt,an,equitable.adjustment in the price provided for in this agreement shall be made, but (1) no amount shall be'allowed for anticipated profit on services not performed or other work, and (2) any payment due to the.Contractor at the time of termination may be adjusted to tf a :,extent of any additional costs the OWNER incurs because of the Contractor's default. If the Contractor terminates for default or'if the OWNER terminates for convenience,the equitable adjustment shall include a reasonable profit for services or other work performed.The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred before the termination, in;,addition to termination settlement costs the Contractor reasonably incurs relating to commitments which had become firm before the termination. 15. Upon receipt of a termination action under Paragraphs 3.01.A.13 or 3,01.A.14, the Contractor shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the Contractor may have accumulated in performing this agreement,whether completed or in process. 16. Upon termination under Paragraphs 3.01.A.13 or 3.01.A.14, the OWNER may take over the work and prosecute the same to completion by agreement with another party or otherwise.Any work the OWNER https://projects-northamerica.ghd.com/sites/naO4_03/proptownofmashpaesta/ProposaiDocs/l i229548-AGR-Amendment 4 Mashpee CPS.docx