Approving the Contract between Board of Water Works Commissioners and Clyde E. Williams & Associates Inc.

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The City agrees to pay for computations, determinations, and tabulations of special assessments, auditing, accounting, consumer studies, and other accounting studies and accounting testimony that may be necessary fora thorough presentation of the project. The City agrees to pay the expense of preparation of Prospectus for sale of bonds, including the printing and mailing of engineering data, bond ordinance and bond sale notice. ARTICLE IV. It is further mutually agreed by the parties hereto: 1. That the Engineer's estimated cost shall be used as a basis for monthly partial or final payments until actual costs have been established by proposals or completion of contracts for construction. 2. That partial payments may be made under Article II, paragraphs 2 and 3 if requested by the Engineer and approved by the City. 3. That the cost used as a basis for computation of pay - ments means the cost to the City of the entire construction, including all materials, labor and use of equipment and without deductions on account of penalties, liquidated damages, or other amounts. withheld from payments to: Contractors, but such costs shall not include the engineering fee or other payments to the Engineer under this agreement. The cost of construction does not include the cost of lands, right -of -way, or compensation for damages to property, legal, accounting, and advertising fees. 4. That the drawings and specifications are instruments of service and as such the original documents, tracings, and field notes are and remain the property of the Engineer, whether the work for which they were prepared be executed or not, and shall not be used by the City for any other 'project or construction. 5. That all questions in dispute under this agreement shall be submitted to arbitration at the choice of either party hereto. ARTICLE V. Both parties hereto agree to lend their best efforts at all times to the full and faithful performance of the covenants herein contained to the ®d that the improvement may be completed in an efficient and businesslike manner and as inexpensively as possible, con- sistent with safety and with the minimum of delay so that the same when completed will be a credit to the citizens of the community and will fulfill the requirements for which they were designed.