2010-05-26 CC Packet - Laserfiche WebLink

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3.1.2 Notwithstanding the provisions of 3.1.1, for Construction Engineering Basic Services, the Engineer's actual costs may be more or less than its initial estimate, based on a level of effort that must vary to account for such unknown Project factors as: • Quality and responsiveness of the construction contractor(s) • Weather conditions • Adherence to the Project construction schedule • Unknown or changed conditions at the Project site revealed during construction The Consultant will not provide services nor incur expenses which would cause its charges to exceed its estimate without the City's authorization. 3.1.3 As an alternative for a particular Project if agreed to by both parties, the City may pay the Consultant on a lump sum basis where the amount is negotiated between the two parties. 3.2 Pavment for Reimbursable Expenses 3.3 Unless otherwise provided, in addition to Engineer's fees, the City will pay the Consultant for Reimbursable Expenses on the basis of the Engineer's cost plus 10 %. Although not a complete list, examples of Reimbursable Expenses include: the costs of plotting drawings and the reproduction of drawings and specifications; project- specific printing and binding; rental equipment; testing; mileage; travel and per -diem expenses of the Consultant for out -of -town trips required for the Project; construction stakes; postage and delivery charges; any new taxes, fees or costs imposed on the Engineer's services (such as sales taxes) after the date of this Agreement; and out -of- pocket expenses incurred directly for the Project. 3.4 Proaress Pavments The City will make progress payments to the Consultant in proportion to services performed and expenses incurred. The Consultant will invoice the City by email or first -class mail monthly during the progress of the work. The City shall pay each properly documented invoice of the Consultant within 30 days after the City's receipt of such invoice. The City may not reserve as retainage any portion of a payment due under this Agreement. 3.5 Obiections to Invoices /No Deductions It is important for the Consultant to be promptly informed of problems. If the City objects to any portion of an invoice, the City shall notify the Consultant in writing within twenty days of the invoice's receipt. The City agrees to pay any undisputed portions of an invoice. No deductions shall be made from the Engineer's compensation on account of penalty, liquidated damages, or other sums withheld from payment to contractors, except as may be determined by mediation, arbitration, litigation or other dispute resolution mechanism to which the Consultant is a party. 3.6 Suspension of Work If the City fails to make payments when due or otherwise breaches this Agreement, the Consultant may suspend work after providing five days notice to the City. The Consultant will not be liable for any costs or damages resulting from such a suspension of work. 3.7 Interest/Collection Costs The City agrees to pay the Consultant 1% per month interest on all invoices of the Consultant which are not in dispute, with interest beginning to accrue 30 days after the date of the invoice. If the Minnesota Prompt Payment Act (Minn. Stat. §471.425) requires a higher rate of interest, that rate shall apply. If the City fails to pay Consultant all amounts owing pursuant to the terms of this Agreement, the City agrees to pay all costs of collection, including reasonable attorney's fees, in addition to all other amounts due under this Agreement. SECTION 4. GENERAL CONSIDERATIONS 4.1 Standard of Care Centerville City Engineer Master Agreement 24