R90-18 AUTHORIZING ENGINEERING AGREEMENT (CITY PROJECT 8919)

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not-to-exceed contract amount of$273,500.00.. Due to the length of the contract, appropriate annual adjustment to the Salary Schedule may be made provided they are within justifiable levels of increase as defined by standard engineering practices. The not-to-exceed amount is based upon ' the level of work effort per phase and task as delineated in Appendix B. � 2. Reimbursable Expenses In addition to the payments provided for in paragraph A.1 above, all Reimbursable Expenses incurred in connection with all Basic Services and Additional services up to the not-to-exceed amount of $94,650.00 shall be paid at the actual costs of the Direct Reimbursable Expenses. Proposed Reimbursable expenses are delineated per project phase in Appendix B. 2. Any changes in the scope of the work that requires additional services shall be � negotiated for a not-to-exceed amount prior to commencing the additional work. , 3. Payment to the ENGINEER shall be made in monthly progress payments that will correspond with the work completed, documented and accepted by the OWNER as per the Monthly Progress Reports. SECTION 6 - MUTUAL AGREEMENTS IT IS MUTUALLY AGREED, 1. That any difference between the ENGINEER and the OWIVER concerning the interpretation of the provisions of this agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the OWNER, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. \ , 2. This agreement may be terminated by the OWNER upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the OWNER all drawings, specifications, partial and completed estimates. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 5. 3. That the ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER� any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of � this warranty the OWNER shall have the right to annul this contract without liability. 6 of 7