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<br /> <br /> <br /> Consultant's Cost Proposal (Exhibit A-2), unless additional reimbursement is provided for by contract <br /> amendment. In no event, will the Consultant be reimbursed for overhead cost at a rate that exceeds the <br /> City's approved overhead rate set forth in the Cost Proposal. In the event that the City determines that a <br /> change to the work from that specified in the Cost Proposal and contract is required, the contract time <br /> and/or actual costs reimbursable by the City shall be adjusted by contract amendment to accommodate the <br /> changed work. The maximum total cost shall not exceed $1,200,000 unless authorized by contract <br /> amendment. <br /> b. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in <br /> the approved Cost Proposal. <br /> C. When milestone cost estimates are included in the approved Cost Proposal, the Consultant <br /> shall obtain prior written approval for a revised milestone cost estimate from the Contract Manager before <br /> exceeding such cost estimate. <br /> d. Progress payment will be made monthly in arrears based on services provided and allowable <br /> incurred costs. If consultant fails to submit the required deliverables in accordance with the time <br /> schedule set forth in the Scope of Services, City shall have the right to delay payment and/or terminate <br /> this Agreement in accordance with the provisions of Section 15, Termination. <br /> e. Payment will be made as promptly as City fiscal procedures will permit following receipt of <br /> itemized invoice in triplicate, evidencing work performed. The invoice shall be submitted no later than <br /> forty-five (45) calendar days after performance of the billed services. Invoices shall follow the format <br /> stipulated in the approved Cost Proposal, and shall reference this Agreement number and Project title. <br /> Final invoice must contain the final cost and all credits due to the City, including any equipment <br /> purchased. Final invoice shall be submitted not later than sixty (60) calendar days after completion of the <br /> work. Invoices shall be mailed to City's Project Manager at the following address: <br /> Jason Gabriel <br /> 20 Civic Center Plaza (M-36) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702 <br /> f. No payment will be made prior to approval of any work, nor for any work performed prior to <br /> approval of this Agreement. <br /> g. Salary increases will be reimbursable only if the new salary is within the salary range <br /> identified in the approved Cost Proposal and is approved by City's Project Manager. For personnel <br /> subject to prevailing wage rates, all salary increases which are the direct result of changes in the <br /> prevailing wage rates are reimbursable. <br /> h. All subcontracts in excess of $25,000 shall contain the above provisions. <br /> i. The parties mutually agree that this project will be funded through Federal funds, and that <br /> said funding is contingent on approval of the Project by the Federal Highway Administration (FHWA), <br /> and FHWA allocation of funds to the Project. Consultant shall not commence services until it receives a <br /> written Notice to Proceed (NTP) executed by the Executive Director of Public Works. Said NTP is <br /> contingent on 1) City's receipt of FHWA and California Department of Transportation (Caltrans) <br /> approval of the Project and appropriation of FHWA funds for completion of the Project. If the FHWA <br /> does not authorize funding for said Project, the City may terminate this Agreement, as set forth in Section <br /> 15, below. <br /> 3 <br /> 25G-5 <br />