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4 <br />f.Phase Compensation and Not-to-Exceed Amounts. <br />Compensation is allocated by phase as follows: <br />Phase Description <br />Not-to-Exceed <br />Percent of Total <br />Contract Value <br />Phase 1 Project startup, planning, coordination 8% <br />Phase 2 Proof of concept pilot 14% <br />Phase 3 Meter installation and AMI deployment 75% <br />Phase 4 Project closeout and final deliverables 3% <br />g.Under no circumstances shall payment for any phase exceed the not-to-exceed <br />amount allocated to that phase without a fully executed written amendment approved <br />by the City. <br />h.Upon completion of work and acceptance by City, Contractor shall have sixty (60) <br />days in which to submit Approval Request Form as outlined in 1.6.6.2 of Exhibit A <br />Scope of Work CPX. An extension may be granted by City upon receiving a written <br />request thirty (30) days in advance of said time limitation. The City shall have no <br />obligation or liability to pay any invoice for work performed which the Contractor <br />fails or neglects to submit within sixty (60) days, or any extension thereof granted by <br />the City, after the work is accepted by the City. <br />i.If City determines that Contractor’s performance is not in conformance with the <br />services and schedule of performance in Exhibits A and B, respectively, payments <br />may be delayed or denied, unless otherwise in writing agreed to by City. <br />j.Retention Payment. Ten percent (10%) of the Installation amount due shall be <br />retained by the City as a retention. The City shall retain ten percent (10%) of the <br />Installation amount for forty-five (45) days after the Notice of Completion for the <br />work is recorded. The Contractor may elect to receive 100 percent of payments due <br />under the agreement from time to time, without retention from any portion of the <br />payment by the City, by depositing securities of equivalent value with the City in <br />accordance with the provisions of Section 22300 of the California Public Contract <br />Code. Such securities, if deposited by the Contractor, shall be valued by the City, <br />whose decision on valuation of the securities shall be final. Securities eligible for <br />investment under this provision shall be limited to those listed in Section 16430 of the <br />California Government Code. <br />10.Changes. City may request changes in the scope of work/services to be provided by <br />Contractor. Any changes related fees shall be mutually agreed upon between the parties <br />and subject to a written amendment to this Agreement. <br />Docusign Envelope ID: D15BA154-47D3-8EAA-8171-B89F63E73DD1