2009/09/02 Council Agenda Packet

Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit I, "Project Scope of Work", which by this reference is incorporated into this AGREEMENT as if fully set forth herein. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled "Term of Project" on this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled' "Term of Project" and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State Funds" detailed in the caption space header above titled "Project Costs". The CONTRACTOR agrees to expend eligible "State Funds" together with any "Contractors Funds" identified above in the caption space header "Project Costs", in an amount sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work". If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Reimbursement and Payment Payment will be made by WSDOT on a reimbursable basis for actual costs and expenditures incurred while performing eligible direct and related indirect Project work during the Project period Payment is subject to the submission to and approval by WSDOT of properly prepared invoices accompanied by progress reports and financial summaries as required in Section 7 — Progress Reports. The CONTRACTOR must submit an invoice using either state form A-19 or a format approved by WSDOT. The CONTRACTOR may submit invoices, not more than once per month, during the course of this AGREEMENT. The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15, 2011. Any invoice received after July 15, 2011 will not be eligible for reimbursement. Within thirty (30) days after receiving and approving the invoice, WSDOT shall remit payment to the CONTRACTOR. Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account". All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, Page of 11 GCA6252