11 Approve a resolution to enter into a contract with Hayter Engineering, Inc. to provide engineering services for our ORCA, TxCDBG, project for water line replacement

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3.16 Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4- PERIOD OF SERVICE 4.1 The provisions of this Section 4 and the various rates of compensation for ENGINEER' S services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. 4.2 ENGINEER' S services under the Final Design Phase shall be considered complete at the earlier of (1) the date when the submissions for that phase have been accepted by OWNER or (2) thirty days after the date when such submissions are delivered to OWNER for final acceptance, plus such additional time as may be considered reasonable for obtaining approval of governmental authorities having jurisdiction over design criteria applicable to the Project. 4.3 After acceptance by OWNER of the ENGINEER' S Drawings, Specifications and other Final Design Phase documentation, ENGINEER shall proceed with performance of the services called for in the Bidding Phase. This Phase shall terminate and the services to be rendered hereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of the negotiations with prospective CONTRACTOR(S). 4.4 Basic services during the construction period are understood to be for the time of completion initially specified in the corresponding construction contract, and services beyond that time, including services as expert witness or assisting in litigation, or services due to failure of the CONTRACTOR to complete on time, will be deemed additional services. SECTION 5- PAYMENTS TO ENGINEER 5.1 Methods of Payment for Services and Expenses of ENGINEER. 5.1.1 For Basic Services: OWNER shall pay ENGINEER for Basic Services in certain of the phases, as follows: Additional Services - OWNER shall pay ENGINEER for additional services rendered under this : 5.1.2.1 General - For Additional Services rendered, on the basis of per diem hourly rates shown on Exhibit A hereto for services rendered by principals and employees assigned to the Project. Additional Services which are known to be required at this time include 10 ~ UUUOO:J