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1 � <br /> If the Consulting Engineer's vehicles are used on the project,the City shall pay the Consulting <br /> Engineer the current Internal Revenue Service standard mileage rate per mile for use of the <br /> vehicle. <br /> D. PAYMENT FOR WORK COMPLETED <br /> 1. Monthly progress payments may be requested by the Consulting Engineer for work satisfactorily <br /> completed and shall be made by the City to the Consulting Engineer as soon as practicable upon <br /> submission of statements requesting payment by the Consulting Engineer to the City. Each <br /> statement shall be accompanied by an Invoice Data Sheet as shown in Exhibit 1. If the Consulting <br /> Engineer prefers,the Invoice Data sheet may serve as the Consulting Engineer's invoice. <br /> 2. The Consulting Engineer shall prepare a monthly progress report indicating the amount of work <br /> completed based on the approved scope of work and any approved addendums. The Consulting <br /> Engineer shall also prepare a progress chart showing the upper limit of compensation approved <br /> by the contract,the planned time of completion, the estimated completion to date,the percentage <br /> of the approved contract amount earned,the percentage of elapsed time, and the currently <br /> forecasted amount of work required to complete the project. The Consulting Engineer may use <br /> an electronic spreadsheet template prepared by the City's Representative to prepare the progress <br /> chart. <br /> 3. No payment request made pursuant to subparagraph 1 of this Section V shall exceed the <br /> estimated maximum total amount and value of the total work and services to be performed by the <br /> Consulting Engineer under this Agreement for that phase or additional service without the prior <br /> authorization of the City's Representative. These estimates have been prepared by the Consulting <br /> Engineer and supplemented or accompanied by such supporting data as may be required by the <br /> City's Representative. <br /> 4. Upon receipt of a properly invoiced payment request, the City shall pay the amount due less any <br /> amounts allowed to be retained or withheld by the City under this Agreement within 60 days of <br /> receipt of the invoice. <br /> 5. Upon satisfactory completion of the work performed hereunder and prior to final payment under <br /> this Agreement, and as a condition precedent thereto, the Consulting Engineer shall execute and <br /> deliver to the City's Representative a release of all claims against the City arising under or by <br /> virtue of this Agreement. <br /> 6. The Consulting Engineer and City hereby expressly acknowledge and agree that the Local <br /> Government Prompt Payment Act does not apply to this Agreement. <br /> E. In the event of termination by City under Section IV.E upon the completion of any phase of the Basic <br /> Services,progress payments due to the Consulting Engineer for services rendered through such phase <br /> shall constitute total payment for such services. In the event of such termination by City during any <br /> phase of the Basic Services, Consulting Engineer also will be reimbursed for the charges of <br /> independent professional associates and consultants employed by Consulting Engineer to render <br /> Basic Services, and paid for services rendered during that phase on the basis of Consulting Engineer's <br /> Direct Labor Costs times a factor defined in Section V.A. of this Agreement for services rendered <br /> during that phase to date of termination by Consulting Engineer's principals and employees engaged <br /> directly on the Project. In the event of any such termination, Consulting Engineer will be paid for all <br /> unpaid Additional Services rendered to date and unpaid Reimbursable Expenses that may have <br /> accrued to date. <br /> Last Revised: 05/15/2013 <br />