R2000-221 AUTHORIZING THE EXECUTION OF AN AGREEMENT

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C. For Reimbursable Expenses. In addition to payments provided for in paragraphs 4.O 1.A and 4.O 1.B,OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER's Consultants as set forth in Exhibit C. 4.02 Other Provisions Concerning Payments A. Preparation of Invoices. Invoices will be prepared in accordance with ENGINEER's standard invoicing pracrices and will be submitted to OWNER by ENGINEER,unless otherwise agreed. The amount billed in each invoice will be calculated as set forth in Exhibit C. B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. If OWNER fails to make any payment due ENGINEER for services and expenses within 30 days after receipt of ENGINEER's invoice therefor,the amounts due ENGINEER will be increased at the rate of 1.0% per month(or the maximum rate of interest pernutted by law,if less)from the said thirtieth day. In addition,ENGINEER may, after giving seven days written norice to OWNER,suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses, and other related charges. Payments will be credited first to interest and then to principal. C. Disputed Invoices. In the event of a disputed or contested invoice,only that portion so contested may be withheld from payment,and the undisputed portion will be paid. D. Payments Upon Termination. 1. In the event of any termination under paragraph 6.06,ENGINEER will be entitled to invoice OWNER and will be paid in accordance with E�chibit C for all services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination. 2. In the event of terminarion by OWNER for convenience or by ENGINEER for cause, ENGINEER,in addition to invoicing for those items identified in subparagraph 4.02.D.1, shall be entitled to invoice OWNER and shall be paid a reasonable amount for services and expenses directly attributable to termination,both before and after the effective date of termination,such as reassignment of personnel,costs of terminating contracts with ENGINEER's Consultants,and other related close-out costs,using methods and rates for Additional Services as set forth in Exhibit C. E. Records of ENGINEER's Costs. Records of ENGINEER's costs pertinent to ENGINEER's compensation under this Agreement shall be kept in accordance with generally accepted accounting practices. To the extent necessary to verify ENGINEER's charges and upon OWNER's timely request,copies of such records will be made available to OWNER at cost. F. Legislative Actions. In the event of legislarive actions after the Effective Date of the Agreement by any level of government that imposes taxes,fees,or costs on ENGINEER's services or other costs in connection with this Project or compensarion therefor,such new taxes,fees,or costs shall be invoiced to and paid by OWNER as a Rennbursable Expense to which a Factor of 1.0 shall be applied. Should such taxes,fees,or costs be imposed,they shall be in addirion to ENGINEER's estimated total compensation. ' ARTICLE 5—OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. ENGINEER's opinions of probable Conshucrion Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as , an experienced and qualified professional generally familiar with the industry. However,since , ENGINEER has no control over the cost of labor,materials,equipment or services furnished by others,or over the Contractor's methods of determ;ning prices,or over comperirive bidding or market conditions,ENGINEER cannot and does not guarantee that proposals,bids,or actual I Construction Cost will not vary from opinions of probable Construction Cost prepared by 'i Standard Form of Agreement I�� Between Owner and Engineer far Professional Services I 4 '