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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 />25B-5