1991-04-10 Resolution 39 - Laserfiche WebLink

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,. , . :,~- 5.3. Other Provisions Concerning Payments. • C~ n 5.3.1. if OWNER fails to make any payment due ENGINEER for services and. expenses within thirty days after receipt of ENGINEER'S statement therefor, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all' amounts due for services, expenses and charges. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall consti- tute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER will be paid for services rendered during that phase on the basis of ENGI- NEER'S Salary Costs times a factor of 2.1 for services rendered during .that phase to .date of termi- nation by ENGINEER'S principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER. also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for all unpaid Additional Ser- vices and unpaid Reimbursable Expenses, plus all ter- mination expenses. Termination expenses mean Reim- bursable Expenses directly attributable to termination, which, if termination is at OWNER'S convenience, shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGI- NEER to the date of termination; as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commence- ment of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase. 5.3.3. Records of ENGINEER'S Salary Costs perti- nent to ENGINEER'S compensation under this Agree- mentwill bekept inaccordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER'S services. 5.3.4. Whenever a factor is applied to Salary Costs in determining compensation payable to ENGINEER that factor will be adjusted periodically and equitably to reflect changes in the various. elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. 5.4. Definitions. 5.4.1. The Salary. Costs used as a basis for payment mean salaries .and wages (basic and incentive) paid to all ENGINEER'S personnel engaged directly on the Project, including, but not limited to, engineers, a.rchi- tects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business per- sonnel; plus the cost of customary and statutory ben- efits including, but not limited to, social security con- tributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation. and holiday pay. and other group benefits. For the purposes of this Agreement, the prin- cipals of ENGINEER and their current hourly Salary Costs are: See Attached Itemization by Employee Classification -SEE PAGE 12a The hourly Salary Costs of principals of ENGINEER will be adjusted equitably to reflect changes in person- nel and in ENGINEER'S overall compensation pro- cedures and practices. The amount of customary and statutory benefits of all other personnel of ENGINEER will be considered equal to 140 % of salaries and wages, subject to ecui- table adjustment to reflect changes in ENGINEER'S overall compensation procedures and practices. 5.4.2. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER'S indepen- dent professional associates or consultants, directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assis- tants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Docu- ments, and similar Project-related items in addition to those required under Section 1; and, if authorized in advance by OWNER, overtime work requiring higher than regular rates. :. Page 12 of I9 pages