R2011-122 AUTHORIZING AN AGREEMENT WITH BLANK, WESSELING, COOK & ASSOCIATES, INC.

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Engineer 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 Consulting Engineer may use an electronic spreadsheet template prepared by the City's Representative to prepare the progress chart. 3. When sueh progress p"ents am made,the Gity may withhold up to ton per-eent(109/0)of the . ies wi"a phase ealled for-under-this Agr-eefaent. When the City MeFmines that the wegi under-this Agr-eement for-any speeified phase hereunder-is substantially eemple4e, it shall mle te the Consulting Engineer aft),r-etainage held fer-that phase. 4. 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 Consulting Engineer 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 Consulting Engineer and supplemented or accompanied by such supporting data as may be required by the City's Representative. 5. 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. 6. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement,and as a condition precedent thereto,the Consulting Engineer 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. 7. The Consulting Engineer and City hereby expressly acknowledge and agree that the Local Government Prompt Payment Act does not apply to this Agreement. E. In the event of termination by City under Section ME upon the completion of any phase of the Basic Services,progress payments due to the Consulting Engineer 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,Consulting Engineer also will be reimbursed for the charges of independent professional associates and consultants employed by Consulting Engineer to render Basic Services,and paid for services rendered during that phase on the basis of Consulting Engineer'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 Consulting Engineer's principals and employees engaged directly on the Project. In the event of any such termination,Consulting Engineer 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 Consulting Engineer entered into on the last date written below. In witness,the parties have executed this Agreement.