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14. That he and his subcontractors will maintain all books, documents, papers, accounting <br /> records, and other evidence pertaining to cost incurred and will make such materials <br /> available at their respective offices at all reasonable times during the AGREEMENT period <br /> and for three years from the date of final payment under this AGREEMENT, for inspection <br /> by the CITY, and copies thereof shall be fumished if requested. <br /> THE ENGINEER WARRANTS that he has not employed or retained any company or <br /> person, other than a bona fide employee working solely for the ENGINEER, to solicit or <br /> secure this AGREEMENT, and that he has not paid or agreed to pay any company or <br /> person, other than a bona fide employee working solely for the ENGINEER, any fee, <br /> commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon <br /> or resulting from the award or making of this AGREEMENT. For breach or violation of this <br /> warranty, the CITY shall have the right to annul this AGREEMENT without liability, or in its <br /> discretion to deduct from the AGREEMENT price or consideration, or otherwise recover, the <br /> full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. <br /> 15. During the performance of work under this AGREEMENT, the ENGINEER, for himself, his <br /> assignees and successors in interest, agrees to conform to the requirements of"Exhibit A— <br /> Equal Employment Opportunity" attached hereto and made a part hereof. The words <br /> "CONTRACT' and "CONTRACTOR" in the exhibit shall be interpreted to mean <br /> "AGREEMENT" and "ENGINEER" respectively. <br /> THE CITY AGREES, <br /> 1. To furnish the ENGINEER with all presently available survey data and information, including <br /> Standard Specifications adopted by the CITY and other available data useful to the work to <br /> be done by the ENGINEER. <br /> 2. To pay the ENGINEER for services rendered in accordance with Sections 1, 2, 3, 5 and <br /> Section 13 (Termination) under THE ENGINEER AGREES of the AGREEMENT: <br /> For the Mound Road/Route 51 Intersection Design Study the technical payroll <br /> cost of performing such work times a multiplier of 2.11 to cover overhead, <br /> profit, and readiness to serve. Direct expenses, for items such as aerial <br /> surveys, geotechnical services, telephone tolls, stakes, iron pins, monuments, <br /> flagging, and blue prints shall be reimbursed at actual cost times 1.10. <br /> The total cost amount for this work shall not exceed $42,500.00. <br /> 3. That payment to the ENGINEER for services rendered in accordance with Section 2 of THE <br /> CITY AGREES of the AGREEMENT will be made monthly by partial payments based upon <br /> costs to the ENGINEER. <br /> IT IS MUTUALLY AGREED, <br /> 1. Disputes — That any differences between the ENGINEER and the CITY concerning the <br /> interpretation of the provisions of this AGREEMENT shall be referred to a committee of <br /> disinterested parties consisting of one member appointed by the ENGINEER, one member <br /> appointed by the CITY, and a third member appointed by the two above noted members, for <br /> disposition and that the committee's decision shall be final. <br /> - 3 - <br />