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, <br /> . ' THE CITY AGREES: <br /> . 1. To furnish the ENGINEER WITH all presently available survey data and <br /> information, including STANDARD Specifications adopted by the CITY and other <br /> available data useful to the work to be done by the ENGINEER. The other <br /> available data shall include recent aerial photography of the area which the <br /> ENGINEER is free to use in the preparation of the documents which are a part of <br /> this agreement. <br /> 2. To pay the ENGINEER for services rendered in accordance with Section 1, 2, 3, 5, <br /> and Section 13 (Termination) under THE ENGINEER AGREES of the <br /> AGREEMENT: <br /> For the preparation of the Phase I report to pay the <br /> ENGINEER at his standard hourly rates shown in Attachment <br /> 2 to cover employee costs, overhead, profit, and readiness to <br /> serve. The total cost amount for this work shall not exceed <br /> $20,000. <br /> In addition to the above, direct expenses, for items such as <br /> telephone tolls, stakes, iron pins, monuments, and drawing <br /> reproduction shall be reimbursed at actual cost times 1.10. <br /> 3. That payment to the ENGINEER for services rendered in accordance with Section <br /> 2 of THE CITY AGREES of the AGREEMENT, will be made monthly by partial <br /> payments based upon costs to the ENGINEER. <br /> IT IS MUTUALLY AGREED: <br /> 1. Disputes-That any differences between the ENGINEER and the CITY concerning <br /> the interpretation of the provisions of this AGREEMENT shall be referred to a <br /> committee of disinterested parties consisting of one member appointed by the <br /> ENGINEER, on member appointed by the CITY, and a third member appointed by <br /> the finro above noted members, for disposition and that the committee's decision <br /> shall be final. <br /> 2. Completion -That services as stated in Paragraph 1 of THE ENGINEER AGREES <br /> are to be completed under this AGREEMENT within 90 calendar days after the <br /> CITY issues a written Notice to Proceed. All reimbursement provisions of this <br /> AGREEMENT are based on such completion. <br /> 3. Successors and Assigns-Thatthe CITY and the ENGINEER bind themselves, their <br /> successors, executors, administrators, and assigns to the other party of this <br /> AGREEMENT, and to the successors, administrators, and assigns of such other <br /> party in respect to all covenants of the AGREEMENT. <br /> -4- <br />