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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 fumish 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 Phase I - Preliminarv Planninq, Site Investiqation, Data Collection and <br /> Report, a stipulated lump sum of 3 500.00. <br /> For Phase II - Construction Documents and Biddinq Assistance, the technical <br /> payroll cost of performing such work times a multiplier of 2.11 <br /> to cover overhead, profit, and readiness to serve. Direct <br /> expenses, for items such as aerial surveys, telephone tolls, <br /> stakes, iron pins, monuments, flagging, blue prints, and <br /> electronic computer shall be reimbursed at actual cost times <br /> 1.10. <br /> The estimated cost amount for this work is $24,000.00. <br /> For Phase III - Services Durinq Construction, the technical payroll cost of <br /> performing such work times a multiplier of 2.11 to cover <br /> overhead, profit, and readiness to serve. Direct expenses, for <br /> items such as aerial surveys, telephone tolls, stakes, iron pins, <br /> monuments, flagging, blue prints, and electronic computer <br /> shall be reimbursed at actual cost times 1.10. <br /> The estimated cost amount for this work is $8,300.00. <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 /> - 3 - <br />