RES 74075 - Laserfiche WebLink

3. The fee provided for herein does not inulude out- of-pocket expenses of Second Party for transportation, communica- tion or other out-ofTpocket expenses, or for any services in con- nection with litigation. 4. Second Party shall receive~ as compensation for the services herein agreed to be provided the sum of three per cent (3%) cf the first $1,500,000.00 of project cost. plus two percent (2%) of the next $1,000,0Q0.00 of project cost, and one per cent (1%) of the balanc~ over and above $2,500,000.Q0 of the project costs. 'Project Cost" is defined to include construction costs, acquisition costs, utility deposits and contingency funds as shown on ~he fina~ Engineer's Report and Estimate of Cost approved by First Party and on file in the proceedings at the time of confirmation Of the assess- ment district. "Project Cost" shall not include: (a) Incidental expenses~ (b) The amount of any bond discount. Said compensation shall be payable in the following manner, to wit: (a} 95% shall be payable upon receipt of the proceeds of assessments levied and bonds issued in-said proceedings; (b) 5% shall be payable upon acceptance of the work. " At the time of this final payment, the "Project Cost,' hereinabove referred to, shall be revised to reflect the total actual amount expended for construction costs · and acquisition costs , and the fees shall be adjusted in accordance therewith. 5. The fee herein provided for shall not include any services in connection with acquisition'of rights-of-way or proceed- ings in eminent domain. Any services rendered by Second Party in connection with the acquisition of land for rights-of~4ay or eminent domain proceedings, including all costs in connection with such acquisitions, shall be paid for in addition to fees herein provided for, and shall be payable in the same manner as other fees. 6. Second Party certifies that it has no interest, either direct or indirect,' in any property or matter involved in the