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05081970 Special Meeting
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05081970 Special Meeting
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8/8/2008 10:59:01 AM
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City Clerk
City Clerk - Document
Minutes
City Clerk - Type
Special Meeting
Date
5/8/1970
Volume Book
38
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<br />6. TERMINATION: <br /> <br />I <br /> <br />A. Conditions of Termination: This Agreement may be terminated without cause at any time prior to completion of <br />ENGINEER'S services either by OWNER or by ENGINEER, by seven days' written notice to the other at the address <br />given below. Termination shall release each party from all obligations of this Agreement, except as specified in paragraph <br />66, below. <br /> <br />B. Compensation Payable on Termination: Upon termination, by either OWNER or ENGINEER, OWNER shall pay <br />ENGINEER the full amount specified in paragraph lA(b) with respect to any phase of Basic Engineering Services which <br />has been completed plus an amount fixed by applying the rate specified for Additional Services in paragraph 1 BIb) to all <br />Basic Services performed to the date of termination for any phase then in progress, plus an amount fixed by applying the <br />rate specified in paragraph IB(b) to all Additional Services performed to date of termination (including all Reimbursable <br />Expenses incurred). <br /> <br />7. DEFINITIONS: <br /> <br />A. T olal Construction Cost: <br /> <br />(a) Total Construction Cost shall be based upon and include, among others, the following items: (1) all work <br />designed and all work specified by ENGINEER, including labor, material and equipment (including work covered by <br />additive alternates, that increase the cost of the project if used), and (2) all labor, material and equipment furnished by <br />OWNER or by others, <br /> <br />I <br /> <br />(b) Total Construction Cost shall not be based upon nor include either: (1) compensation payable to <br />ENGINEER under this Agreement; (2) compensation payable to any architect or other engineer; or (3) expenditures not <br />connected with construction or design, such as land acquisition costs or attorneys' fees. <br /> <br />(e) The amount of the Total Construction Cost shall be: (I) the actual cost to the OWNER of Obtaining the <br />finished project, if there is reasonably adequate information from which such amount can be determined, plus the amount <br />of the lowest bona fide proposal received for each additive alternate not used (or the ENGINEER'S most recent cost <br />estimate for such alternate, if no proposal was received); (2) if reasonably adequate information is not available from <br />which actual cost can be determined, then the lowest bona fide proposal received for construction of the project, including <br />all additive alternates; (3) if such a proposal is not available, then the ENGINEER'S most recent cost estimate for the <br />project, incfuding all additive alternates. <br /> <br />In determining the amount of the Total Construction Cost, reduction shall not be made for any deductive <br />alternates that decrease the cost of the project if used. <br /> <br />B. Salary Costs: "Salary Cost" is defined as the cost of salaries actually paid to ENGINEER'S personnel plus <br />payroll burden (Social Security contributions, unemployment, excise and payroll taxes, workman's compensation, health <br />and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto), for the number of hours <br />devoted to the work covered by this Agreement. Salary cost for key supervisory personnel will be at imputed rates <br />regUlarly used by ENGINEER for this purpose. <br /> <br />C. Reimbursable Expenses: Reimbursable Expenses shall include expenses of the ENGINEER for transportation <br />and subsistence of all personnel while traveling in connection with the project, field office expenses, long distance <br />telephone calls, reproduction expenses, sub-contracts and similar items related to the project covered by this Agreement. <br />Such expenses shall be reimbursed to ENGINEER at the following rates: <br /> <br />(a) Transportation by ENGINEER'S vehicles: 12c per mile for passenger cars; 15e per mile for survey party <br /> <br />vehicles. <br /> <br />I <br /> <br />FORM 370 <br /> <br />COPYRIGHT 1970, BY LOCKWOOD, ANDREWS & NEWNAM, INC. <br />
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