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' � . � . ' , . • <br /> J . . <br /> endorsement, or in defending any action brought by either PARTY, or <br /> by other subcontractor, consultant, or subconsultant, the PARTY <br /> against whom a decision is rendered shall, in addition to the Judg- <br /> ment, be required to pay for all court costs and reasonable attorney <br /> fees arising out of such action. <br /> THE OWNER AGREES, <br /> 1. To compensate the ENGINEER for providing the above ser- <br /> vices with a fee based on the technical payroll cost of <br /> performing such work times a multiplier of 2 . 0 to cover <br /> overhead, profit and readiness to serve. Direct expenses <br /> for items such as telephone, monitoring supplies, prints, <br /> and safety equipment will be reimbursed at actual cost. <br /> Vehicular mileage will be reimbursed at $0. 30 per mile. <br /> Technical payroll is defined as salary cost plus FICA, <br /> unemployment and workers compensation, vacation, holiday <br /> and sick pay allowance, and group insurance. <br /> IT IS MUTUALLY AGREED, <br /> l. The total cost payable to the ENGINEER shall not exceed <br /> $34,800. 00 unless there is a change in scope or the OWNER <br /> authorizes an increase in the limit. <br /> 2 . It shall be the ENGINEER�s responsibility: (1) Prior to <br /> increasing the scope of the PROJECT, to obtain OWNER�S <br /> written authority. (2) When monies due the ENGINEER <br /> approach approximately 75� of the maximum amount, to <br /> advise the OWNER of the remaining work to complete the <br /> PROJECT and whether it can be performed within the "not <br /> to exceed" amount. (3) To justify to the OWNER�S satis- <br /> BGM 90053A -5- <br />