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3.3 On a four-week cycle, Barr shall submit invoices to City for Services performed and expenses <br />incurred pursuant to each active Work Order during the period. Such invoices shall <br />summarize the Services performed and all other charges and expenses. <br />3.4 Barr agrees to provide City with supporting documentation for charges upon request. Barr <br />shall promptly address questions and concerns regarding invoices. <br />3.5 City shall pay each Barr invoice within 30 days after receipt of the invoice as to all undisputed <br />amounts. <br />3.6 Upon City's written request at the time of receipt of payment, Barr shall execute and deliver a <br />waiver of lien rights covering its Services and its subcontractors work performed under any <br />Work Order. <br />Section 4: Barr's Obligations <br />4.1 Barr and its employees shall comply with, and Barr shall contractually require all <br />subcontractors retained by Barr to comply with, all statutes, ordinances, rules, regulations, <br />and other laws applicable to its performance of Services. Barr will retain records related to <br />this Agreement and the Services as required by applicable law or as requested by City. <br />Records shall be available for examination by City or its designee upon reasonable advance <br />notice and reasonable reimbursement for Barr expenses. Without limiting the foregoing, this <br />Agreement is subject to the requirements of Minnesota Statutes §§ 13.05, Subd. 11 and 16C.05, <br />Subd. 5. <br />4.2 Barr shall perform all Services under this Agreement in a manner consistent with the standard <br />of care and skill ordinarily used by reputable members of the profession practicing under <br />similar conditions at the same time and general location. <br />4.3 To the extent the Services, or any part thereof, involve estimates of construction, operating or <br />any other costs, Barr agrees to make its best estimate of such costs based on information <br />made available to Barr and based on Barr's experience and knowledge. Barr's provision of <br />cost estimates shall not create or impose on Barr a fiduciary duty. <br />4.4 Barr shall provide the Services in compliance with all reasonable health and safety rules of <br />City that City has made known to Barr. <br />4.5 Barr agrees to secure all permits and licenses normally required in Barr's name for the <br />performance of the Services. The fees for such permits and licenses shall be reimbursable <br />expenses. <br />4.6 Barr may engage any subcontractors it deems necessary to provide the Services. At City's <br />written request, City shall have the right to approve any subcontractor that Barr proposes to <br />use in connection with Services under this Agreement, but such approval shall not be <br />unreasonably withheld. <br />4.7 Barr shall designate a "Barr Representative" in each Work Order to coordinate provision of <br />the Services with City or City's Representative. Barr's Representative shall be authorized to <br />P:\Mpls\23 MN\62\23621176 New Brighton DX Response\23621176.00 Initial <br />Res ponse\ProjRiskMgmt\Contracts\New Brig hton_DXResponse_MasterServicesAgmt_FinalAocx Page 3 <br />