R2016-63 AUTHORIZING A MULTI-YEAR AGREEMENT - Bainbridge, Gee, Milanski & Associates, Inc.

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4. 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. 5. 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 viriue of this Agreement. 6. 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 N.E upon the completion of any phase of the Basic Services,progress payments due to the Consulting Engineer far 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 far 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. DATED this 6th day of June ,2016 THE C TY O DECATUR,ILLINOIS B : May ATT T: �. /'� � City Clerk �-' BAINBRIDGE,GEE,MILANSKI&ASSOCIATES, INC. By: �_ �'.`1 President Last Revised:04/29/2015