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SECTION 3 . 1 -- Schedule and Outline of Services Upon receipt of this written authorization from the OWNER, ENGINEER shall begin work within 5 days . Assuming work was to start before October 15 , 2010 , ENGINEER would have an AA Site Plan Modification application and attaclunents ready for submittal prior to November 1 , 2010 . SECTION 3 . 2 -- Work Performed At Hourly Rates , With a Not-To-Exceed Fee The ENGINEER shall perform work on the items described in Task 1 . 0 through 5 . 0 of the attached Engineer' s Scope of Services for this AGREEMENT at the hourly rates provided in the attached October 2009 Carter Associates , Inc . Rate Schedule . The work shall be completed in accordance with the attached Proposal for a total fee not to exceed $ 4 . 210 . 00 , unless written authorization is received from the OWNER to exceed this amount . SECTION 4 . 1 -- Payment The ENGINEER shall prepare monthly statements requesting payment . The OWNER shall make payment to the ENGINEER within 30 days of the date of the statement . Unpaid balances shall incur interest of 1 . 5 % per month . In. the event that payment is not received , the ENGINEER may take legal action for collection . The OWNER hereby agrees to pay all legal fees for collection . SECTION 4 . 2 -- Reimbursable Expenses Reimbursable Expenses are defined as : postage ; long distance calls ; express mail ; mileage ; testing ; reproduction costs ; black line prints ; color prints ; xerox copies and delivery costs . Estimated Reimbursable Expenses in the amount of $ 100 . 00 have been included in the total proposed project fee . Reimbursable Expenses above the estimated amount shall be direct billed to the Owner as an additional expense above the total Proposal fee . Application fees are specifically excluded from this proposal and shall be provided to the ENGINEER for all applications submitted by the ENGINEER . SECTION 5 -- Termination The obligation to provide continuing services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms herewith through no fault of the terminating party. SECTION 6 -- Insurance The ENGINEER shall maintain statutory insurance for protection from claims under Worker's Compensation Acts , relative to his employees , as well as $ 1 , 000 , 000 . 00 coverage for general liability and $ 1 , 000 , 000 . 00 against negligent errors and omissions . SECTION 7 -- Attachments The following documents are attached hereto and made part of this AGREEMENT . NAGASTA 0-39E IR County 53rd street short form Agreement. docScwin F --Clorid i A� Since 1911 Page 2 of 3