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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 supplementedto include the followingagreement 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 services shall be based on SEH's current billing rates for applicable employees plus charges for expenses and equipment. Currentbilling ratesshallbe either the Rate Table Method of Personneh Method as indicated in the Supplemental Letter Agreement. 1. Rate Table Method - Current billing rates for employees shall be those listed on a standard rate tablesubmitted and approved as part of this Agreement. The employee rates in theapproved rate tables shall include the cost of computers and cellular. phones. The. cost :of other expenses and equipment shall be paidfor as reimbursable expenses as identified in Paragraphs 13 and C of this Exhibit C-.1 . SEHwillprovide an estimate of the costs for services. in this Agreement. It is agreed that after 90% of the estimated compensation has been earned and if it appears that completion of the services cannot be accomplished within the remaining lQ%.of the estimated compensation, SEH will notify the Owner and confer with representatives of the Owner to determine the basis 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 Tableshall be appropriately adjusted. B. Other Provisions Concerning Payments l . Invoices will beprepared inaccordance with SEH's standard invoicing practices and will he submitted monthly to Owner by SEH.unless otherwise agreed. 2. Invoices arc due and payable withisr30 days of receipt. If Owner fails to make any payment due SEH for services and expenses within 30 days after receipt of SEH's invoicetherefor, the amounts due SEH will be increased at 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 .SEEr.has .been paid in full all amounts due for services, expenses and other related charges. Payments will be credited first :to interest and then to principal. Further, SEH reserves the right to retain products of service until all invoicesare paid in full. SEH will not be liable for any claims of loss, delay, or damage by Owner for reason of withholding services or products of service until all invoices are paid in full. 3. In the event of a disputed or contested invoice, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. 4. Should taxes, fees or costs be imposed, they shall bein addition to SEH's estimated total compensation. C. Expenses The following items involve expenditures made by SEH employees or professional consultants on behalf of the Owner. Their costs are not included in the hourly charges made forservices and shall be paid for as described in this Agreement. i, 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 authorities having jurisdiction over the Project. 4. Report, plan and specification reproduction expenses. 5. Other special expenses required in connection with the Project. b. The cost of specialconsultants or technical services as required. The cost of.suhconsultant services shall include actual expenditure plus 'Short Elliott Hendrickson. Inc. (Form 02106106) Exhibit C-1 - 1 City of Gem Lake