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Erdman Anthony of Florida, Inc.
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(18-08-01) Consulting Engineering Services for Golden Shores Utility Undergrounding and Roadway Improvements
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Erdman Anthony of Florida, Inc.
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9/4/2018 4:43:48 PM
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9/4/2018 4:38:39 PM
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F. Provision for Prompt Payment <br />1. If CITY fails to make any payment due ENGINEER for services and expenses within thirty <br />(30) days after receipt of a non-contested ENGINEER'S bill, the amounts due ENGINEER <br />shall include a charge at the rate of 1 % per month for any time in excess of thirty (30) days <br />from the date of invoice and in addition ENGINEER may, after giving thirty (30) days <br />written notice to CITY, suspend services under this Contract until he has been paid in full all <br />amounts due him for services and expenses. <br />2. If this Contract is terminated by CITY during any phase of the Basic Services, ENGINEER <br />will be paid for services rendered during that phase on the basis of payroll costs times a factor <br />of 2.4 for services rendered during that phase to date of termination by principals and <br />employees assigned to Project, or the allocated percentage for that phase, whichever is less. <br />In the event of any termination, ENGINEER will be paid for all unpaid Additional Services <br />as provided in this paragraph. <br />ARTICLE 6 -TRUTH-IN NEGOTIATION CERTIFICATE <br />Signature of this Contract by the ENGINEER shall also act as the execution of a truth-in-negotiation <br />certificate certifying that the wage rates, over-head charges, and other costs used to determine the <br />compensation provided for in this Contract are accurate, complete and current as of the date of the Contract <br />and no higher than those charged to the ENGINEER'S most favored customer for the same or substantially <br />similar service. <br />The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the <br />rates and costs were increased due to inaccurate, incomplete or non-current wage rates or due to inaccurate <br />representations of fees paid to outside engineers. The CITY shall exercise its right under this Article within <br />three (3) years following final payment. <br />ARTICLE 7 -TERMINATION <br />This Contract may be cancelled by the ENGINEER upon thirty (30) days prior written notice to the CITY' s <br />representative in the event of substantial failure by the CITY to perform in accordance with the terms of this <br />Contract through no fault of the ENGINEER; provided the CITY fails to cure same within that thirty (30) day <br />period. It may also be terminated, in whole or in part, by the CITY, with or without cause, immediately upon <br />written notice to the ENGINEER. Unless the ENGINEER is in breach of this Contract, the ENGINEER shall <br />be paid for services rendered to the CITY' s satisfaction through the date of termination. After receipt of a <br />Termination Notice and except as otherwise directed by the CITY the ENGINEER shall: <br />A. Stop work on the date and to the extent specified. <br />B. Terminate and settle all orders and subcontracts relating to the performance of the terminated <br />work. <br />C. Transfer all work in progress, completed work, and other materials related to the terminated <br />work to the CITY in the format acceptable to CITY. <br />D. Continue and complete all parts of the work that have not been terminated. <br />Continuing Service Contract 1.27 .15 11
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