R93-126 ACCEPTING THE PROPOSAL AND AUTHORIZING INTER-GOVERNMENTAL AGREEMENT

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all court costs and reasonable attorney fees arising out of such action. THE OWNER AGREES, 1. Payment for all services rendered under the terms of this AGREEMENT shall be based upon actual costs reimbursable to the ENGINEER plus a Fixed Amount of $6, 200. The costs to be reimbursed to the ENGINEER shall not exceed the sum of $34 , 600 (excluding Fixed Amount) unless this AGREEMENT is amended to provide for additional costs. The Fixed Amount will not be exceeded unless there is an amendment to this AGREEMENT which increases the scope of work. Actual costs reimbursable to the ENGINEER shall be in accordance with Federal Procurement Regulations, 41 CFR, Chapter I, Subpart 1-15. 4 . 2 . The ENGINEER may submit monthly or periodic statements requesting payment. Such statements shall be based upon the amount and value of the services provided and expenses incurred by ENGINEER to the date of the statement and shall be supplemented or accompanied by such supporting data as may be required by OWNER. The partial payments shall be equal to the ENGINEER's actual reimbursable costs as de- ' fined in Paragraphs 1 and 2 above, plus that percentage of the Fixed Amount equal to the percentage of completion shown on Progress Reports prepared by the ENGINEER and approved by the OWNER. Actual reimbursable costs shall be provisionally computed as direct salary costs, plus the agreed percentage for indirect costs as shown on Attachment #l. The percentage shown on Attachment #1 is provisional and may be adjusted from time to time by mutual agreement to more accurately reflect the actual indirect costs of the ENGINEER at the time the services are furnished. Upon OWNER's approval of each statement, OWNER shall make payment to the ENGINEER as soon as practicable. IT IS MUTIIALLY AGREED, l. 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 upper limit of reimbur- sable actual costs specified above, to review the work ac- complished and make an estimate showing costs incurred and costs of services still required of the ENGINEER to com- plete his obligation. He shall do the same prior to when the costs incurred reach 90% of upper limit 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 OWNER. The OWNER shall review the estimate and promptly direct the ENGINEER to: BGM 93028A -4-