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<br />Zs-,c <br /> <br /> <br />and shall render responses pertaining thereto promptly and provide <br />ENGINEER with requested data or information in the CITY's possession <br />relating to the Project. <br /> <br />2.3 The CITY shall furnish to ENGINEER as requested all data in its <br />possession related to the ENGINEER's performance of services under <br />Article 1 of this Agreement. <br /> <br />2.4 The CITY shall provide access to and make all necessary provisions <br />for the ENGINEER to enter upon public and private property 'as required <br />~- for the ENGINEER to perform its services under this Agreement. <br /> <br />2.5 The CITY shall furnish all legal, accounting and insurance <br />counseling services as may be necessary at any time for the Project. <br /> <br />2.6 The CITY shall examine all alternate solutions, studies, reportsr <br />sketchesr Drawings, Specifications, proposals and other documents <br />presented by ENGINEER (including obtaining advice of an attorney, <br />l.nsurance counselor and other consultants as CITY deems appropriate <br />with respect to such examination) and render in writing decisions <br />pertaining thereto. <br /> <br />2.7 The CITY shall give prompt written notice to ENGINEER whenever <br />CITY observes or otherwise becomes aware of any development that <br />affects the scope or time of performance or furnishing of ENGINEER's <br />services, or any defect or nonconformance in ENGINEER's services. <br />. <br />2.8 The CITY shall furnish required information and services and shall <br />render responses and conduct its review of written materials as <br />expeditiously as possible. <br /> <br />2.9 The CITY shall either direct the ENGINEER to perform any <br />Additional Services necessary to complete the Project or shall furnish <br />such services itself. <br /> <br />2.10 The CITY shall pay all fees for filing and processing permits in <br />connection with the Project. <br /> <br />, <br /> <br />2.11 The CITY shall bear all costs incident to this Article. <br /> <br />ARTICLE 3 <br />PAYMENTS TO THE ENGINEER <br /> <br /> <br />3 .1 PAYMENTS ON ACCOUNT OF BASIC SERVICES <br /> <br />Payments for Basic Services shall be made to ENGINEER within 30 <br />days following receipt by CITY of ENGINEER's invoice therefor. The <br />CITY shall retain ten percent (10%) of each monthly payment. Retainage <br />will not be withheld from direct expense costs and subcontract costs. <br />Retainage shall be paid within thirty (30) days of delivery of the <br />final report to the CITY. <br /> <br />3.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES <br /> <br />Payments on account of the ENGINEER's Additional Services as <br />defined in Paragraph 1.11 shall be made monthly upon presentation of <br />the ENGINEER's statement of services rendered or expenses incurred, <br />less any disputed amounts, pending resolution thereof. <br /> <br />ARTICLE 4 <br />ENGINEER I S ACCOUNTING RECORDS <br /> <br /> <br />4.1 All expense records of ENGINEER shall be kept on a recognized <br />accounting basis acceptable to the CITY and shall be available to the <br />CITY or the CITY's authorized representative at mutually convenient <br />times. <br /> <br />4.2 The CITY shall have access to any books, documents, papers and <br />records of the ENGINEER which are directly pertinent to this proj ect <br />for the purpose of making audit, examination, copying, and <br />transcriptions. <br /> <br /> <br />-7- <br />i <br />I <br />