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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. The Parties recognize and agree that time is of the essence of this Agreement. <br /> SECTION V. PAYMENT <br /> A. BASIS OF BILLING. City shall pay the Consulting Engineer for all services rendered under <br /> Section 11 Phases A through F an amount based on Direct Labor Costs times 3.045 for services <br /> rendered by principals and employees assigned to the Project. <br /> Direct Labor Costs used as a basis for payment means salaries and wages (basic and incentive) <br /> paid to all personnel engaged directly on the Project, including but not limited to, engineers, <br /> architects, surveyors, designers,draftsmen, specification writers, estimators, other technical <br /> personnel, stenographers,typists and clerks;but does not include indirect payroll related costs or <br /> fringe benefits. For the purposes of this Agreement,the principals and employees of the <br /> Consulting Engineer and their hourly direct 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 <br /> of the City's Representative,the amount billed by the Subconsultant to the Consulting Engineer <br /> times an approved multiplier of 105%. <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 <br /> on the basis of actual cost if public transportation is used, subsistence incidental thereto,toll <br /> telephone calls,reproduction of reports, drawings, specifications and similar project-related items <br /> in addition to those required under Section 11. <br /> If the Consulting Engineer's vehicles are used on the project,the City shall pay the Consulting <br /> Engineer$0.565 per mile for use of the vehicle. <br /> D. PAYMENT FOR WORK COMPLETED <br /> 1. Monthly progress payments may be requested by the Consulting Engineer for work satisfactorily <br /> completed and shall be made by the City to the Consulting Engineer as soon as practicable upon <br /> submission of statements requesting payment by the Consulting Engineer to the City. Each <br /> statement shall be accompanied by an Invoice Data Sheet as shown in Exhibit 1. If the Consulting <br /> Engineer prefers,the Invoice Data sheet may serve as the Consulting Engineer's invoice. <br /> 2. The Consulting Engineer shall prepare a monthly progress report indicating the amount of work <br /> completed based on the approved scope of work and any approved addendums. The Consulting <br /> Engineer shall also prepare a progress chart showing the upper limit of compensation approved <br /> by the contract,the planned time of completion,the estimated completion to date,the percentage <br /> of the approved contract amount earned,the percentage of elapsed time, and the currently <br /> forecasted amount of work required to complete the project. The Consulting Engineer may use <br /> an electronic spreadsheet template prepared by the City's Representative to prepare the progress <br /> chart. <br /> Last Revised:09/12/2012 <br />