06-1665 Amendment No. 1 of Supplemental Agreement No. 3 TEI, Inc.

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G. Furnish or direct the ENGINEER in writing to provide at the OWNER's expense, any subconsultant services not designated in SECTION 2, if advised by the ENGINEER and OWNER concurs that they are necessary. H. Furnish or direct the ENGINEER in writing to provide at the OWNER's expense, necessary additional services as stipulated in SECTION 3 of this Amendment or other services as required. I. Provide such legal, accounting, financial and insurance counseling services as may be required for the project, in the City's opinion, and such auditing services as the OWNER may require. J. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any material defect in the Project. SECTION 5 PAYMENT 5.0 Payment The City agrees to pay the Consultant compensation as detailed in the Agreement previously entered into on the 25th day of March 2002. SECTION 6 GENERAL CONDITIONS A. Since the ENGINEER has no control over the cost of labor, materials or equipment or over any construction method determining prices, any opinion of probable construction cost which may be provided in the services of this Supplement are made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but the ENGINEER cannot and does not guarantee that the construction cost will not vary from opinions of probable cost prepared by him. Similar limitations apply to construction schedules reviewed or prepared by the ENGINEER.