2003/08/27 Council Agenda Packet

3 City agrees to cooperate with Brown & Caldwell in a mutual effort to resolve promptly any contested portions of Brown&Caldwell's invoices. 5. Method of Payment. A. To obtain payment, Brown & Caldwell shall (a) file its request for payment, accompanied by evidence satisfactory to the City justifying the request for payment;(b)submit a report of Work accomplished and hours of all tasks completed; (c) to the extent reimbursement of Eligible Expenses is sought, submit itemization of such expenses and,if requested by the City, copies of receipts and invoices; and (d) comply with all applicable provisions of this Agreement. Brown& Caldwell shall be paid no more often than once every thirty days. B. All requests for payment should be sent to: City of Everett Attn: Timothy L. Marks,P.E. 3200 Cedar Street Everett,WA 98201 6. Submission of Reports and Other Documents. Brown&Caldwell shall submit all reports and other documents specified in Exhibit A. Brown & Caldwell is specifically required to submit all information required in this Agreement not later than December 15, 2007. Said information shall be subject to review by the City, and if found to be unacceptable, Brown & Caldwell shall correct and deliver to the City any deficient Work at Brown&Caldwell's expense with all practical dispatch. Brown & Caldwell shall abide by the City's determinations concerning acceptability of Work. 7. Termination of Contract. City reserves the right to terminate this Agreement at any time by sending written notice of termination to Brown & Caldwell ("Notice"). The Notice shall specify a termination date ("Termination Date") at least fourteen (14) days after the date the Notice is issued. The Notice shall be effective ("Notice Date") upon the earlier of either actual receipt by Brown & Caldwell (whether by fax, mail, delivery or other method reasonably calculated to be received by Brown & Caldwell in a reasonably prompt manner)or three calendar days after issuance of the Notice. Upon the Notice Date, Brown & Caldwell shall immediately commence to end the Work in a reasonable and orderly manner. Unless terminated for Brown& Caldwell's material breach, Brown & Caldwell shall be paid or reimbursed for: (a) all hours worked and Eligible Expenses incurred up to the Notice Date,less all payments previously made; and (b)those hours worked and Eligible Expenses incurred after the Notice Date,but prior to the Termination Date, that were reasonably necessary to terminate the Work in an orderly manner. The Notice shall be sent by the United States Mail to Brown & Caldwell's address provided herein, postage prepaid, certified or registered mail, return receipt requested, or by delivery. In addition, the Notice may also be sent by any other method reasonably believed to provide Brown & Caldwell actual notice in a timely manner, such as fax. The City does not by this section waive,release or forego any legal remedy for any violation, breach or non-performance of any of the provision of this Agreement. At its sole option, City may deduct from the final payment due 3 7