R2011-03 AUTHORIZING AN AGREEMENT WITH BAINBRIDGE, GEE, MILANSKI AND ASSOCIATES, INC.

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C. REIMBt1RSABLE E�PENSES. ]n addition to payments provided for in para�_raphs A and B of this Sectio�i.the Cit� shall pa� the Consultin`_En`Tineer tlle actual costs of all Reimb�n•sable E�penses incurred in connection with all Basic and .Additional Services. I:eimbursable E�penses means the actual e�penses incun•ed directl} in connection ��ith the Project for transportation costs on the basis of actual cost if public transportation is used, subsistence incidental thereto, toll telephone calls.reproduction of reports. drawings. specifications and similar project-related items in addition to those required under Section Il. If the Consultin�En�ineer's vehicles are used on the project. the Cit}' shall pa} the Consulting Engineer$_$0.�1 per mile for use of the vehicle. D. PAZ'MENT FOR WORIi COMPLETED l. Monthly progress payments may be requested b}�the Consulting En�ineeT•foi-work satisfactorily coinpleted and shall be made by the Cit}�to the Consulting En`�ineer as soon as practicable upon submission of statements requesting payment by the Consulting Engineer to the City. Each statement shall be accompanied by an Invoice Data Sheet as shown in Exhibit I. If the Consulting Engineer prefets. the Invoice Data sheet ma}� serve as the Consulting Engineer's invoice. 2. The Consulting Engineer shall prepare a monthly pro�ress report indicating the amount of work completed based on the approved scope of work and any approved addendums. The Consulting 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 Cit��'s Representative to prepare the progress chart. 3. When such pro�ress payments are made; the City may withhold up to ten percent (10%) of the vouchered amount until satisfactory completion by the Consulting Engineei•of all work and services within a phase called for under this A�i-eement. When the City determines that the work under this Agreement for any specified phase hereunder is substantiall}�complete, it shall release to the Consulting Engineer any retainage held for that phase. 4. No payment request made pursuant to subpara�m,•aph 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 undei•this A�eement for that phase or additional service without the prioi- authorization of the City's Representative. These estimates have been prepared b}�the Consulting Engineel•and supplemented or accompanied by such supporting data as may be required by the Cit}�'s Representative. 5. Upon receipt of a properly invoiced payment request,the City sliall pa}�the amount due less any amounts allowed to be i•etained oi•withheld by the City undei•this Agreement within 60 days of receipt of the invoice. 6. Upon satisfactor}� completion of the work perfonned hereunder and prior to final payment under this Agreement, and as a condition precedent thereto,the Consulting Engineer shall execute and deliver•to the Cit}�'s Representative a release of all claims against the Cit��arising under or-by virtue of this Agreement. 7. The Consultinb Engineer and City hereby eapressly acknowledae and agree thai the Loca] Government Prompt Payment Act does not apply to this A�•eement. E. ln the event of tetmination by Cit}� under Section N.E upon the completion of any phase of the Basic Services, pro�ress payments due to the Consulting En�ineer for services rendered through such phase