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Consulting Engineer shall provide to the City the Drug Free Workplace Certification attached and <br /> marked herein as Exhibit G and incorporated herein by reference. <br /> O. SEVERABILITY. If any section,terms or provisions of this Agreement or the application thereof <br /> shall be held to be invalid or unenforceable,the remainder of each section, subsection,term or <br /> provision of this Agreement or the application of the Agreement to the parties, shall not be affected <br /> thereby. <br /> P. TIMELINESS. The Parties recognize and agree that time is of the essence of this Agreement as is <br /> consistent with the applicable professional standard of care. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. City shall pay the Consulting Engineer for all services rendered under <br /> Section II Phases A through C an amount based on Labor Costs times 1 0 for services <br /> rendered by principals and employees assigned to the Project. <br /> Labor Costs used as a basis for payment means salaries and wages (basic and incentive)paid to all <br /> personnel engaged directly on the Project, including but not limited to, engineers, architects, <br /> surveyors, designers, draftsmen,specification writers, estimators,other technical personnel, <br /> stenographers,typists and clerks; including indirect payroll related costs or fringe benefits, overhead <br /> and profit. For the purposes of this Agreement, the principals and employees of the Consulting <br /> Engineer and their hourly labor costs are set forth in Exhibit H hereto. <br /> B. SUBCONSULTANT. The City shall pay the Consulting Engineer for services and <br /> reimbursable expenses of subconsultants engaged by the Consulting Engineer with the approval of the <br /> City's Representative,the amount billed by the Subconsultant to the Consulting Engineer times an <br /> approved multiplier of 1.1 <br /> C. REIMBURSABLE EXPENSES. In addition to payments provided for in paragraphs A and B <br /> of this Section,the City shall pay the Consulting Engineer the actual costs of all Reimbursable <br /> Expenses incurred in connection with all Basic and Additional Services. Reimbursable Expenses <br /> means the actual expenses incurred directly in connection with the Project for transportation costs on <br /> the basis of actual cost if public transportation is used, subsistence incidental thereto,toll telephone <br /> calls, reproduction of reports,drawings, specifications and similar project-related items in addition to <br /> those required under Section II. <br /> If the Consulting Engineer's vehicles are used on the project,the City shall pay the Consulting <br /> Engineer the current Internal Revenue Service standard mileage rate per mile for use of the vehicle. <br /> D. PAYMENT FOR WORK COMPLETED <br /> 1. Monthly Progress Payments. Monthly progress payments may be requested by the Consulting <br /> Engineer for work satisfactorily completed and shall be made by the City to the Consulting <br /> Engineer as soon as practicable upon submission of statements requesting payment by the <br /> Consulting Engineer to the City. Each statement shall be accompanied by an Invoice Data Sheet <br /> as shown in Exhibit 1. If the Consulting Engineer prefers,the Invoice Data sheet may serve as the <br /> Consulting Engineer's invoice. <br /> 2. Monthly Progress Reports. The Consulting Engineer shall prepare a monthly progress report <br /> indicating the amount of work completed based on the approved scope of work and any approved <br /> 9 <br /> Last Revised:2/03/2022 <br />