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<br />3. City's Responsibilities. <br /> <br />3.1. Compensation. City shall pay (in the manner and at the times specified in this <br />Section 3.1) to Consultant, as total compensation for the Services, the sum of $213,746 (see <br />Attachment C for breakdown), together with the costs incurred by Consultant for any <br />reimbursable expenses which are described on Attachment A hereto. City shall make payments <br />to Consultant for reimbursable expenses at a rate of one (1.0) times Consultant's actual cost for <br />such expenses. Consultant shall, not later than the 23rd day of each month, submit its monthly <br />invoice for payment. Consultant shall include in its application for payment the value of services <br />completed through the end of the month and the cost ofreimbursable expenses incurred to date. <br />Provide an itemized statement of reimbursable expenses for that month. City will not process <br />Consultant's miscellaneous invoices for changes in services. (See paragraph 3.2 regarding <br />Change Orders.). Only approved Change Orders may be added to the invoice. City shall make <br />payment to Consultant within 30 days after receipt of invoice from the Consultant for the <br />Services performed by Consultant. <br /> <br />3.2 Changes and Adjustments. City may order changes in the Services consisting of <br />additions, deletions, or other revisions, with corresponding adjustments to the Consultant's <br />compensation and the Design Schedule. All such changes in the Services shall be authorized by <br />written Change Order. An adjustment to the Consultant's compensation resulting from a change <br />in the Services shall be determined by: mutual acceptance of a lump sum amount, application of <br />hourly billing rates as set forth in Attachment A, or in such other manner as is mutually agreed <br />upon by Consultant and City. If Consultant believes it is entitled to additional compensation or <br />time for performing additional services which are beyond the scope of the Services provided for <br />herein, Consultant shall notify City thereof and secure City's approval prior to performing such <br />additional services. Consultant shall be entitled to additional compensation if Consultant is <br />required to perform substantial redesign of portions of the Project that have previously been <br />approved by City unless such redesign is the result of Consultant's negligence or failure to follow <br />instructions given by City. <br /> <br />3.3. Furnishing Information, Etc. City shall, at its expense, provide to Consultant the <br />information, services and other materials regarding the Project that are described on Attachment <br />A attached hereto, and Consultant shall be entitled to rely on the accuracy thereof. <br /> <br />3.4. Indemnity. City shall indemnify and hold Consultant harmless from and against <br />all liabilities, claims, damages, losses and expense, including reasonable attorneys' fees, arising <br />out of the construction of the Project to the extent they are caused by or attributable to the <br />negligent act, error or omission of City or anyone employed by the City or for whose acts City <br />may be liable, except Consultant. <br /> <br />4. Miscellaneous. <br /> <br />4.1. Entire Agreement. This Agreement represents the entire integrated agreement <br />between City and Consultant pertaining to the Services and supersedes all prior negotiations, <br /> <br />\\Mctro-inet.us\ardenhills\Planning\Community Development\TCAAP\ConsuJtanls\SRF - AUAR\AUAR Services Contract 4-24-07.doc <br /> <br />4 <br />