R2017-98 Professional Services Agreement with ADS Environmental Services to Perofrm the Water Distribution Leak Detection Survey Project CP 2017-39

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3. No payment request made pursuant to subparagraph 1 of this Section V shall exceed the estimated maximum total amount and value of the total work and services to be performed by the Consultant under this Agreement for that phase or additional service without the prior authorization of the City's Representative. These estimates have been prepared by the Consultant and supplemented or accompanied by such supporting data as may be required by the City's Representative. 4. Upon receipt of a properly invoiced payment request,the City shall pay the amount due less any amounts allowed to be retained or withheld by the City under this Agreement within 60 days of receipt of the invoice. 5. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement,and as a condition precedent thereto,the Consultant shall execute and deliver to the City's Representative a release of all claims against the City arising under or by virtue of this Agreement. 6. The Consulting Engineer and City hereby expressly acknowledge and agree that the Local Government Prompt Payment Act does not apply to this Agreement. D. In the event of termination by City under Section IV.E upon the completion of any phase of the Basic Services,progress payments due to the Consultant for services rendered through such phase shall constitute total payment for such services. In the event of any such termination,Consultant will be paid for all unpaid Additional Services rendered to date and unpaid Reimbursable Expenses that may have accrued to date. This Agreement is made between the City and the Consultant entered into on the last date written below. In witness,the parties have executed this Agreement. /f- DATED this day of ,2017 THE CITY OF DECATUR ILLINOIS By';-- May y>May ATT ST: City Clerk Consultant By: 1 Last Revised:04/29/2015