2008/08/06 Council Agenda Packet

3. Time of Beginning and Completion of Performance. This Agreement shall commence as the date of execution of this Agreement and shall be completed by May 31, 2010. 4. Compensation. A. The City shall pay the Contractor only for completed Work and for services actually rendered which are described herein. Such payment shall be full compensation for Work performed or services rendered, including, but not limited to,all labor, materials, supplies, equipment and incidentals necessary to complete the Work. B. Contractor may receive payment as reimbursement for Eligible Expenses actually incurred. "Eligible Expenses" means those types and amounts of expenses either listed in Exhibit A or such expenses as are approved for reimbursement by the City in writing prior to the expense being incurred. If Exhibit A 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 A; (2)the expense exceeds the per item or cumulative limits for such expense if it is identified in Exhibit A; 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 in 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. C. Total compensation, including all services of the Contractor and its subcontractors, subconsultants, and agents and their expenses, shall not exceed a maximum of One Million One Hundred Fifty Thousand Dollars ($1,150,000). The rates for such services are attached as Exhibit A.The range of fees anticipated for Work on the following City Projects are as follows: (Known)Work Potential Fee Range GEC Management $50,000-$70,000 Preliminary Design $75,000-$150,000 Final Design $375,000- $530,000 Services During Bidding and Construction $100,000- $200,000 Evaluation and Consultation for Development $50,000-$100,000 Contingency and Misc.Projects/Tasks $75,000- $100,000 D. If 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 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. 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: Timothy L. Marks,P.E. 3200 Cedar Street Everett, WA 98201