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45 <br />46 <br />47 <br />48 <br />49 <br />50 <br />51 <br />52 <br />53 <br />54 <br />55 <br />56 <br />57 <br />58 <br />59 <br />60 <br />61 <br />62 <br />63 <br />64 <br />65 <br />66 <br />67 <br />68 <br />69 <br />70 <br />71 <br />72 <br />73 <br />74 <br />75 <br />76 <br />77 <br />78 <br />79 <br />80 <br />81 <br />82 <br />83 <br />84 <br />85 <br />86 <br />87 <br />88 <br />89 <br />90 <br />� <br />Revised 8/3/10 <br />pay all costs and expenses payable to such third party contractors unless otherwise <br />agreed to by the parties in writing. <br />City Assistance. The City agrees to provide the Consultant with the following assistance <br />concerning the Work to be performed hereunder: <br />A. Depending on the nature of the Work, Consultant may from time to time require <br />access to public and private lands or property. To the extent the City is legally and <br />reasonably able, the City shall provide access to and make provisions to enable the <br />Consultant to enter upon public and private land and property as required for the <br />Consultant to perform and complete the Work. <br />B. The City shall furnish the Consultant with a copy of any special standards or criteria <br />promulgated by the City relating to the Work, including but not limited to design and <br />construction standards, that is needed by the Consultant in order to prepare for the <br />performance of the Worlc. <br />C. A person shall be appointed to act as the City's representative with respect to the <br />Work to be performed under this Agreement. Such representative shall have <br />authority to transmit instructions, receive information, interpret, and define the City's <br />policy and decisions with respect to the Work to be performed under this Agreement, <br />but shall not have the right to enter into contracts or make binding agreements on <br />behalf of the City with respect to the Work or this Agreement. <br />5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an <br />itemized invoice for Work performed under this Agreement. Invoices submitted shall be <br />paid in the same manner as other claims made to the City. Invoices shall contain the <br />following: <br />A. For Work reimbursed on an hourly basis, the Consultant shall indicate for each <br />employee, his or her name, job title, the number of hours worked, rate of pay for each <br />employee, a computation of amounts due for each employee, and the total amount <br />due for each project task. The Consultant shall verify all statements submitted for <br />payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For <br />reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an <br />itemized listing and such documentation of such expenses as is reasonably required <br />by the City. Each invoice shall contain the City's project number and a progress <br />summary showing the original (or amended) amount of the Agreement, current <br />billing, past payments and unexpended balance due uner the Agreement. <br />B. To receive any payment pursuant to this Agreement, the invoice must include the <br />following statement dated and signed by the Consultant: "I declare under penalty of <br />perjury that this account, claim, or demand is just and correct and that no part of it has <br />been paid." <br />The payment of invoices shall be subject to the following provisions: <br />Right of Way Acquisition <br />Twin Lakes Public Improvements <br />2 <br />