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3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or <br />damage to any person or property. In carrying out its Services, the Consultant shall at all times <br />be in compliance with all applicable local, state and federal laws, rules and regulations, and <br />shall exercise all necessary precautions for the safety of employees appropriate to the nature of <br />the work and the conditions under which the work is to be performed. Safety precautions as <br />applicable shall include, but shall not be limited to: (A) adequate life protection and life saving <br />equipment and procedures; (B) instructions in accident prevention for all employees and <br />subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, <br />confined space procedures, trenching and shoring, equipment and other safety devices, <br />equipment and wearing apparel as are necessary or lawfully required to prevent accidents or <br />injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety <br />measures. <br />3.3 Fees and Payments. <br />3.3.1 Compensation. Consultant shall receive compensation, including authorized <br />reimbursements, for all Services rendered under this Agreement at the rates set forth in <br />Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall <br />not exceed Seventy-nine thousand, eight hundred and seventy-six dollars ($79,876) <br />without written approval of City's Utility Director. Extra Work may be authorized, as described <br />below, and if authorized, will be compensated at the rates and manner set forth in this <br />Agreement. <br />3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized <br />statement which indicates work completed and hours of Services rendered by Consultant. The <br />statement shall describe the amount of Services and supplies provided since the initial <br />commencement date, or since the start of the subsequent billing periods, as appropriate, <br />through the date of the statement. City shall, within 45 days of receiving such statement, <br />review the statement and pay all approved charges thereon. <br />3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any <br />expenses unless authorized in writing by City. <br />3.3.4 Extra Work. At any time during the term of this Agreement, City may request that <br />Consultant perform Extra Work. As used herein, "Extra Work" means any work which is <br />determined by City to be necessary for the proper completion of the Project, but which the <br />parties did not reasonably anticipate would be necessary at the execution of this Agreement. <br />Consultant shall not perform, nor be compensated for, Extra Work without written authorization <br />from City's Representative. <br />RVPUBINGS\529334 <br />4 <br />