R2011-67 AUTHORIZING AGREEMENT FOR PROFESSIONAL SERVICES

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3. When sueh pfegfess paymefAs ffe made,the City may withhold tip to ten pefeefif(10%)of the and ser-yieeswithia a phase ealled fef ondef this AgFeeffi-eat. When the City dete- thfit thA wefk undeF this AgFeefmnt f9f any speeified Phase hefeundef is substantially Gamplete,it shall 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 Professional Service Provider 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 Professional Service Provider 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 Professional Service Provider 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 Professional Service Provider 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 IV.E upon the completion of any phase of the Basic Services,progress payments due to the Professional Service Provider 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,Professional Service Provider also will be reimbursed for the charges of independent professional associates and consultants employed by Professional Service Provider to render Basic Services,and paid for services rendered during that phase on the basis of Professional Service Provider'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 Professional Service Provider's principals and employees engaged directly on the Project. In the event of any such termination,Professional Service Provider 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 Professional Service Provider entered into on the last date written below. In witnes the parties have executed this Agreement. DATED thi �day of ,2011 THE C OF By: Ma A F 4 City Clerk Professional Service Provider Firm By:.J—WA ez