R2024-363 Resolution Authorizing a Professional Engineering Services Agreement with Burns & McDonnell Engineering Company, Inc., to Provide Engineering Services for Asset Management System Selection Assistance, City Project 2024-32

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Docusign Envelope ID: 1A1DFD23-B9AC-4FF4-8F3A-05E6D6672FB1 Consultant to the City. Each statement shall be accompanied by an Invoice Data Sheet as shown in Exhibit 1. If the Consultant prefers,the Invoice Data sheet may serve as the Consultant's invoice. 2. Monthly Pro ess Reports. The Consultant shall prepare a monthly progress report indicating the amount of work completed based on the approved scope of work and any approved addendums. The Consultant shall also prepare a progress chart showing the upper limit of compensation approved by the contract,the planned time of completion,the estimated completion to date,the percentage of the approved contract amount earned,the percentage of elapsed time, and the currently forecasted amount of work required to complete the project. The Consultant may use an electronic spreadsheet template prepared by the City's Representative to prepare the progress chart. 3. Maximum Payment Requests.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. Time and Manner of Payments.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 thirty(30) days of receipt of the invoice. City's failure to timely pay all undisputed amounts shall be considered a substantial failure upon which Consultant may initiate terminating this Agreement pursuant to section IV(E)(1)above. 5. Release of Claims.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. Local Government Prompt Payment Act. The Consultant and City hereby expressly acknowledge and agree that the Local Government Prompt Payment Act does not apply to this Agreement. E. PAYMENT UPON TERMINATION. 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 such termination by City during any phase of the Basic Services,Consultant also will be reimbursed for the charges of independent professional associates and consultants employed by Consultant to render Basic Services,and paid for services rendered during that phase on the basis of Consultant's Direct Labor Costs times a factor defined in Section V.A. of this Agreement for services rendered during that phase to date of termination by Consultant's principals and employees engaged directly on the Project. 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. 7 Last Revised:2/03/2022