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Exhibit C-1 to Agreement for Professional Services Between City of Gem Lake (Owner) and Short Elliott Hendrickson Inc. (SEW) Dated December 1, 2008 Payments to SEH for Services and Expenses Using the Hourly Basis Option The Agreement for Professional Services is amended and supplemented to include the 'following agreement of the parties: A. Hourly Basis Option The Owner and SEH select the hourly basis .for payment for services provided by SEH; SEH shall be compensated monthly. Monthly charges for service! shall he based on SEH's current billing rates for applicable employees plus chargesfor expenses and equipment. Current billing rates shall he either the Rate Table Method of Personnel Method as indicated in the Supplemental Letter Agreement.. I. Rate Table Method - Current billing rates for employees shall he those listed on a standard rate tablesubmitted and approved as part of this Agreement. The employee rases in the approved. tale tables shall include the cost of computers and cellular phones. The cost or other expenses and. equipment shall be paid for as reimbursable expenses as identified in Paragraphs 13 and C of this Exhibit C-1, SEH will provideanestimate of the costs for services in this Agreement. It is: agreed that after 90% of the estimated compensation has been earned and it it appearsthat completion of the services cannot be accomplished within the- remaining 10% orthe estimated compensation, SEH will .notify the Owner and confer with representatives :ol'the .Owner to determine thebasis for completing the work, Compensation. to SEH based on the Rate Table Method is conditioned on completion of the work within. the. effective period of the rate table. Should the time required to complete the work be extended: beyond this period, the rates in. the Rate Table shall be appropriately adjusted. B. Other Provisions Concerning Payments L. Invoices will he prepared in accordance with SEH's standard invoicing practices and will he. submitted monthly to Owner by SEH, unless otherwise agreed. 2. Invoices are due and payable. within 30 days of receipt. tf Owner fails to make any paymentdtte SEH for services and expenses within 30 days after receipt ofSBH's invoice therefor, the amounts due SEH. will be increasedat the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. SEH may, after giving seven days written notice to Owner, suspend services under this Agreement until SEH has been paid in lullall amounts due for services, expenses and other related charges.. Payments will be credited firstto interest and then to principal. Further, SEH reserves the right to retain products or serviceuntil all invoices are paid in full_ SEH will not be Iiable for any claims of loss, delay, or damage by Owner for reason of withholding services or products of service until allinvoices are paid in full. 3. In the event ora disputed or contested invoice, only that portion so contested may bo withheld flom:payment, :and the undisputed portion will he paid. 4. Should taxes, :fees or costs he imposed, they shall be in addition to SEF-i's estimated total compensation_ C. Expenses The following items involve expenditures made by SEH employees or prolbssional consultants on behalf of the Owner. Their costs are not included :in the hourly charges made for services and shallbe paid for as. dcscribed.:i n this Agreement, 1. Transportation and:. travel expenses. 2. Lodging and meal expense connected with the Project. 3. Fees paid, in the name of the Owner, .for securing approval of authoritieshaving jurisdiction over the Project. 4 Report, plan and specification reproduction expenses. 5. Other special expenses required in connection with the Project. 6. The costar special consultants or technical services as required. The cost of suhconstiltant services shall include actual expenditure plus Short Elliott Hendrickson Inc. (Form 0210810S) Exhibit 0-1 - 1 City. of Gem Lake