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� ' <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 I <br /> secure this AGREEMENT, and that he has not paid or agreed to pay any company or I <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 <br /> this warranty, the CITY shall have the right to annul this AGREEMENT without liability, <br /> or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise <br /> recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or <br /> contingent fee. <br /> 17. During the performance of work under this AGREEMENT the ENGINEER, for himself, <br /> his assignees and successors in interest, agrees to conform to the requirements of"Exhibit <br /> A-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, <br /> including Standard Specifications adopted by the CITY and other available data useful to <br /> the work to be done by the ENGINEER. <br /> 2. To pay the ENGINEER as compensation for services rendered in accordance with Section <br /> lA(exclusive of the cost of sub-surface exploration required) of THE ENGINEER <br /> AGREES the actual technical payroll cost for performing such work plus 47 percent to <br /> cover overhead and readiness to serve and such direct expenses as are chargeable to the <br /> work plus a Fixed Fee of $4,952.00. The Upper Limit of Compensation to the Engineer <br /> shall be $44,812.00. <br /> To pay the ENGINEER as compensation for services rendered in accordance with Section <br /> 1 B (exclusive of the cost of sub-surface exploration required) of THE ENGINEER <br /> AGREES the actual technical payroll cost for performing such work plus 47 percent to <br /> cover overhead and readiness to serve and such direct expenses as are chargeable to the <br /> work plus a Fixed Fee of $250.00. The Upper Limit of Compensation to the Engineer <br /> shall be $2,500.00. <br /> 3. To pay the ENGINEER for services rendered in accordance with Section 2 (Construction <br /> Guidance); Section 3, (Resident Inspection); Section 7 (Changes); and/or Section 15 <br /> (Termination) under THE ENGINEER AGREES of this AGREEMENT at actual <br /> technical payroll cost of performing such work plus 70 percent to cover overhead, profit, <br /> and readiness to serve. <br /> d.�agree'�DHA.wpd 7 <br />