R2026-72 Resolution Authorizing a Professional Engineering Services Agreement with Clark Dietz, Inc., to Provide Construction Engineering Services for the Northeast Water Main Extension Project – Boyd Road to North Of Cundiff Road, City Project

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P. TIMELINESS. The Parties recognize and agree that time is of the essence of this Agreement as is consistent with the applicable professional standard of care. SECTION V. PAYMENT A. BASIS OF BILLING.City shall pay the Consulting Engineer for all services rendered under Section II Phases A through F an amount based on Direct Labor Costs times 1_0 for services rendered by principals and employees assigned to the Project. Direct Labor Costs used as a basis for payment means salaries and wages(basic and incentive) paid to all personnel engaged directly on the Project, including but not limited to, engineers, architects, surveyors,designers,draftsmen, specification writers, estimators, other technical personnel, stenographers,typists and clerks; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement,the principals and employees of the Consulting Engineer and their hourly direct labor costs are set forth in Exhibit H hereto. B. SUBCONSULTANT. The City shall pay the Consulting Engineer for services and reimbursable expenses of subconsultants engaged by the Consulting Engineer with the approval of the City's Representative, the amount billed by the Subconsultant to the Consulting Engineer times an approved multiplier ofJ.J. C. REIMBURSABLE EXPENSES. In addition to payments provided for in paragraphs A and B of this Section,the City shall pay the Consulting Engineer the actual costs of all Reimbursable Expenses incurred in connection with all Basic and Additional Services. Reimbursable Expenses means the actual expenses incurred directly in connection with the Project for transportation costs on the basis of actual cost if public transportation is used, subsistence incidental thereto,toll telephone calls,reproduction of reports, drawings, specifications and similar project-related items in addition to those required under Section II. If the Consulting Engineer's vehicles are used on the project, the City shall pay the Consulting Engineer the current Internal Revenue Service standard mileage rate per mile for use of the vehicle. D. PAYMENT FOR WORK COMPLETED 1. Monthly Progress Payments.Monthly progress payments may be requested by the Consulting Engineer for work satisfactorily completed and shall be made by the City to the Consulting Engineer as soon as practicable upon submission of statements requesting payment by the Consulting Engineer to the City. Each statement shall be accompanied by an Invoice Data Sheet as shown in Exhibit I. If the Consulting Engineer prefers,the Invoice Data sheet may serve as the Consulting Engineer's invoice. 2. Monthly Progress Reports. The Consulting Engineer shall prepare a monthly progress report indicating the amount of work completed based on the approved scope of work and any approved addendums. The Consulting Engineer shall also prepare a progress chart showing the upper limit of compensation approved by the contract,the planned time of completion,the estimated completion to date,the percentage of the approved contract amount earned, the percentage of elapsed time,and the currently forecasted amount of work required to complete the project. The Consulting Engineer may use an electronic spreadsheet template prepared by the City's Representative to prepare the progress chart. 3. Maximum Payment Requests.No payment request made pursuant to subparagraph 1 of this Section V shall exceed the estimated maximum total amount and value of the total work and 9 Last Revised:2/03/2022