2006/07/26 Council Agenda Packet

'12 B. CH2M Hill shall be paid such amounts and in such manner as described in Exhibit B. CH2M Hill will issue monthly invoices pursuant to Exhibit B. Invoices are due and payable within thirty (30) days of receipt. C. CH2M Hill may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit C or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If 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 CH2M Hill incurring the expense. D. Total compensation, including all services and expenses, shall not exceed a maximum of Fifty Thousand Dollars ($50,000). E. If CH2M Hill 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 CH2M Hill's conduct. 5. Method of Payment. A. To obtain payment, CH2M Hill 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 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. CH2M Hill shall be paid no more often than once every thirty days. B. All requests for payment should be sent to: City of Everett Attn: Souheil Nasr 32oo Cedar Street Everett, WA 98201 6. Submission of Reports and Other Documents. CH2M Hill shall submit all reports and other documents specified in Exhibit A. CH2M Hill is specifically required to submit all information required in this Agreement not later than December 31, 2007. Said information shall be subject to review by the City, and if the Work or deliverables do not meet the standard of care defined above, CH2M Hill shall correct and deliver to the City any deficient Work at CH2M Hill's expense with all practical dispatch. 7. Termination of Contract. City reserves the right to terminate this Agreement at any time by sending written notice of termination to CH2M Hill ("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 CH2M Hill (whether by fax, mail, delivery or other method reasonably calculated to be received by CH2M Hill in a reasonably prompt manner) or three calendar days after issuance of the Notice. Upon the Notice Rev9808 2 3