Revised: 1/15/2009
available for inspection by the LPA, DEPARTMENT, and the Federal Highway
Administration and any other authorized representative of the Federal Government, and
copies thereof shall be furnished if requested. c . For work involved in Items (A), (B),
and (D) the LPA will pay to the ENGINEER monthly for work done the previous
month an amount equal to the ENGINEER'S out-of-pocket cost plus additives for profit
and current overhead items (payroll, taxes, insurance, etc.) as provided for in Appendix
"A" which is attached hereto and made part of this AGREEMENT. Monthly payments
will be made on the basis of Certified Time Records. The maximum amount payable
under this agreement shall be $85,978.06, including a fixed fee of $11,856.22, beyond
which no funds will be authorized for payment without a Supplement-Agreement to this
Agreement. Each monthly billing will be reduced by 5%, which shall be retained until
final acceptance of the project by MDOT and FHWA.
D. The duties, responsibilities, and limitations of authority of the resident project
representative(s) are listed in Appendix B, which is attached to and made a part of this
AGREEMENT.
E. The responsible engineer employed by the ENGINEER is John J. Kellum, P.E.,
Mississippi Registration No. 8555.
IV. COVENANT AGAINST CONTINGENT FEES: The ENGINEER warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely
for the ENGINEER, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the ENGINEER,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award of the making of this contract. For breach or violation of this
warranty, the DEPARTMENT shall have the right to annul this contract price, or consideration,
or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or
other contingent fee.
V. OWNERSHIP OF DOCUMENTS: All project documents, including tracings, drawings,
estimates, specifications, field notes investigations, studies, etc., as instruments of service are to
become the property of the LPA. During the performance of the engineering services herein
provided for, the ENGINEER shall be responsible for any loss of or damage to the documents
herein enumerated while they are in his/her possession, and any such loss or damage shall be
restored at his/her expense.
VI. CHANGES IN WORK: A Supplemental Agreement may be entered into between the LPA and
the ENGINEER to increase the maximum amount payable under this contract for
additional labor costs and expenses, provided there is a change in scope, character or
complexity of the work to be performed. This Supplemental Agreement must be approved by
additional work by the ENGINEER for which reimbursement will be requested.
VII. DELAYS AND EXTENSIONS: Engineering services shall be performed on a reasonable
schedule for both the construction contract and for the preparation of reports and estimates and
final documents. Approval of a delay of the submission must be requested by letter through the
DEPARTMENT, giving reasons for the request and the approximate date proposed for
submission of that data.
VIII. TERMINATION OR SUSPENSION: The terms of this contract shall be binding upon the
parties hereto until the work has been completed and accepted by the LPA and all payments