R2002-47 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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� THE CITY AGREES, � 1. Payment for all services for Items 1 a through 1 h and 2a through 2i rendered under the terms of this AGREEMENT sha11 be on a time and expense basis to be computed at the technical payroll cost to the ENGINEER times a multiplier of 2.1. Technical payroll cost is defined as the direct productive salary cost for time directly chazgeable to the project, plus fringe benefits and payroll burden (includes sick leave, vacation and holiday pay, unemployment taxes, contribution for social security, workmen's compensation, insurance, retirement benefits and medical insurance benefits). Reimbursement of expenses and costs incuned specifically in fulfilling the terms of this AGREEMENT such as,but not limited to, outside professional services, stakes, blueprints, supplies, toll calls, transportation and subsistence shall be at the actual cost. The aggegate of all chazges for the above work including the electrical sub-consultant shall not exceed a maximum amount of$28,500.00. 2. The ENGINEER may submit monthly or periodic statements requesting payment. Such statements sha11 be based upon the amount and value of the services provided and expenses incuned by ENGINEER to the date of the statement and shall be supplemented or accompanied by such supporting data as may be required by the CITY. IT IS MUTUALLY AGREED, 1. It shall be the ENGINEER's responsibility, when total monies due the ENGINEER as reimbursement for actual costs approach a point near 50% of the reimbursable actual costs specified above, to review the work accomplished and make an estimate showing costs incuned and costs of services still required of the ENGINEER to complete his obligation. He shall do the same prior to when the costs incuned reach 90%of reimbursable actual costs. If any of these estimates exceed the upper limit of reimbursable actual costs,the ENGINEER shall immediately submit the estimate to the CITY. The CITY shall review the estimate and promptly direct the ENGINEER to: a. Stop work at a logical point when monies due the ENGINEER are within the limit of reimbursable actual costs, or b. Continue work under the terms of the AGREEMENT up to an adjusted limit of reimbursable actual costs as authorized in writing by the CTTY. The ENGINEER will make no claim for payment in excess of the originallimit of reimbursable actual costs without having received such written authorization prior to incurring the excess costs. 2. The provisions of this Section and the various rates of compensation for ENGINEER's services provided for in this AGREEMENT have been agreed to in anticipation of the orderly and continuous progress of the PROJECT. Time is of the essence and therefore the project shall be completed with due diligence to conform to the agreed upon completion timing. Record Drawings and final reports shall be submitted to the CI1'Y within 30 days after final completion ofthe project by the Contractor. The ENGINEER sha11 not be respon- sible for any time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. BGM 02-044 Page 4 of 6