1996-016-RES WHEREAS, CITY COUNCIL DID HERETOFORE IN RESOLUTION NO 94-101

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(c) ENGINEER shall submit monthly statements for basic and additional services rendered. These will be based upon ENGINEER'S estimate of the proportion of the total services completed at the time. OWNER shall make prompt payments in response to ENGINEER'S statements. If OWNER fails to make any payment due ENGINEER within thirty (30) calendar days of the receipt of ENGINEER'S statement therefor, the amounts due ENGINEER shall increase at the rate of one percent (1.0%) a month beginning from said thirtieth 30th day. In addition, ENGINEER may, after giving seven (7) calendar days written notice to OWNER, suspend services under this AGREEMENT until paid. (d) In the event of termination by OWNER under Paragraph Five, ENGINEER shall be entitled to payment for services rendered through receipt of notice of termination. ENGINEER will also be entitled to payment for all termination expenses. (e) "Termination expenses" means reimbursable expenses, salaries, and overhead costs attributable to termination, including, for example, but not limited to, costs incurred in transferring job records to OWNER, costs of termination negotiations, and reassignment of personnel. "Reimbursable expenses" include, but are not limited to, long "distance telephone charges, postage, equipment rental, expendable supplies, mileage, subcontractors or special consul tants, freight, testing fees, copies, blueprints and similar expenses. Where special consultants or subcontractors are utilized in connection with additional services, the ENGINEER'S reimbursement shall include, in addition to the amount of the invoice from said subcontractor or consultant, a service charge equal to 10% of the invoice amount. 4. Services to be Performed by OWNER: OWNER shall: (i) designate a specific person as OWNER'S representative with respect to these servicesj (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special OWNER requirements, or other pertinent information of which the OWNER may be awarej (iii) ensure access for the ENGINEER to properties as necessary for performance of the ENGINEER'S workj (iv) provide grant administration personnel, on-site- observer, legal counsel, accountants, insurance consultants, financial advisors or other similar specialists as required for the projectj (v) make prompt payments in response to ENGINEER'S statementsj and (vi) respond in a timely fashion to requests for further instructions or information from the ENGINEER. ENGINEER shall be entitled to rely upon and use, without independent verification and without liability, all such information and services provided by OWNER or OWNER'S appointees, or with respect to buried utilities, the utility providing service in the project area, in performing ENGINEER'S services under this AGREEMENT. Page 2 of 14