2005/03/02 Council Agenda Packet

3 Exhibit C is either blank or not attached,expenses may not be reimbursed unless prior written approval was obtained from the City. An expense shall not be reimbursed if: (1)the expense is not identified in Exhibit C;(2)the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit C;or(3)the expense was not approved in writing by an authorized City representative prior to the Contractor incurring the expense. If,and to the extent,overnight lodging is western Washington is authorized,Contractor is strongly encouraged to lodge within the corporate limits of City. When authorized,Contractor will be reimbursed 100%of lodging expense, if lodged within the corporate limits of the City,but Contractor will be reimbursed 50%of lodging expense when lodged outside the corporate limits of the City. If authorized,the City may(at its sole option)obtain or arrange air travel for the Contractor. D. Total compensation, including all services and expenses, shall not exceed a maximum of One Hundred Twenty Seven Thousand Eight Hundred Twenty Eight Dollars and Seventy Five Cents ($127,828.75). E. Contractor fails or refuses to correct its work when so directed by the City,the City may withhold from any payment otherwise due an amount that the City in good faith believes is equal to the cost to the City of correcting,re-procuring, or remedying any damage caused by Contractor's conduct. 5. Method of Payment. A. To obtain payment,the contractor 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 Expanses 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. Contractor shall be paid no more often than once every thirty days. B. All requests for payment should be sent to: City of Everett Attn: Richard Tarry 3225 Cedar Street Everett, WA 98201 6. Submission of Reports and Other Documents. The Contractor shall submit all reports and other documents specified in Exhibit A. Contractor is specifically required to submit all information required in this Agreement not later than August 1,2005. Said information shall be subject to review by the City, and if found to be unacceptable,Contractor shall correct and deliver to the City any deficient Work at Contractor's expense with all practical dispatch. Contractor 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 Contractor("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 Contractor(whether by fax,mail, delivery or other method reasonably calculated to be received by Contractor in a reasonably prompt manner)or three calendar days after issuance of the Notice. Upon the Notice Date,Contractor shall immediately commence to end the Work in a reasonable and orderly manner. Unless terminated by Contractor's material breach, the Contractor 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(be)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 Contractor's address provided herein,postage prepaid,certified or registered mail, return INCA Engineers,Inc } i