06-1677 Professional Infrastructure Review Services - Glatting, Jackson, Kercher, Anglin, Lopez, Rinehart, Inc.

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CONTRACTUAL SERVICES Page 5 of 13 records, of the Consultant and all subconsultants performing work on the project, and all other records of the Consultant and subconsultants considered necessary by the City for a proper audit of project costs. F. The general cost principles and procedures for the negotiation and administration, and the determination or allowance of costs under this Agreement shall be as set forth in the Code of Federal Regulations, Titles 23, 48, 49, Rule Chapter 14-75, Florida Administrative Code, and other pertinent Federal, State and City Regulations, as applicable, with the understanding that there is no conflict between State regulations and Federal regulations in that the more restrictive of the applicable regulations will govern. G The Consultant should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the report, plans or specifications unless the Supplemental Agreement specifies otherwise. H. If a payment is not available within 40 days, a separate interest penalty at a rate established pursuant to Section 215.422, Florida Statutes, will be due and payable, in addition to the invoice amount, to the Consultant. Interest penalties of less than one (1) dollar will not be enforced unless the Consultant requests payment. Invoices which have to be returned to a Consultant because of Consultant preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the City. Except for issues arising from contract indemnification provisions, the City shall have the right to retain out of any payment due the Consultant under this Agreement an amount sufficient to satisfy any amount due and owing to the City by the Consultant on any other Agreement between the Consultant and the City. The City may withhold payment on any invoice in the event that the Consultant is in default under any provision of this Agreement or any other Agreement between the Consultant and the City as of the time of processing the invoice or as of the time payment is made available on the invoice. This right to withhold shall continue until such time as the default has been cured, and, upon cure, the City shall have the right to retain an amount equal to the damages suffered as a result of the default. J. It is mutually agreed and understood that the following provision shall be applicable to this Agreement if the compensation, as indicated in Paragraph 3.A. hereof, to be paid to the Consultant, whether by lump sum or cost -plus -a -fixed -fee, shall exceed $60,000. \\Ch-jefferson\util$\Projects\2006 Projects\RFQ 2006-03 Professional Infrastructure Review\Glatting, Jackson, etc. Agreement.doc