12-19-2019
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Diversion Authority/NuStar - Pre-NDPSC Application Work Payment Agreement 68892716 - Page 4 <br />Metro Flood Diversion Authority <br />c/o Nathan Boerboom <br />N.Boerboom@cityoffargo.com And <br />APInvoicesFMDiv@ch2m.com <br /> c) NuStar’s invoices must be detailed and precise. NuStar’s invoices must clearly indicate fees and expenses for the current billing period month and include at least the following information: <br /> <br />i. NuStar’s name and address; ii. NuStar’s federal employer identification number; iii. Unique invoice number; iv. Billing period; <br />v. Description of each activity performed for each day in which services were <br />performed; vi. Work order number associated with each activity; vii. Name, billing rate, and hours worked by each person involved in each activity; viii. Total amount of fees and costs “billed to date,” including the preceding months; <br />ix. Preferred remittance address, if different from the address on the invoice’s <br />coversheet; x. All of the work performed during that billing period; and xi. 20% overhead related to third party costs. <br />d) After the Diversion Authority receives NuStar’s invoice, the Diversion Authority will <br />either process the invoice for payment or give NuStar specific reasons, in writing within fifteen (15) business days, why part or all of the Diversion Authority’s payment is being withheld and what actions NuStar must take to receive the withheld amount. <br />e) In the event of disputed billing, only the disputed portion will be withheld from <br />payment, and the Diversion Authority shall pay the undisputed portion. The Diversion Authority will exercise reasonableness in disputing any bill or portion thereof. Interest will accrue on any disputed portion of the billing determined to be due and owing to NuStar. <br /> <br />f) Payment does not imply acceptance of services or that the invoice is accurate. In the event an error is identified within three (3) months of receipt of payment, NuStar must credit any payment in error from any payment that is due or that may become due to NuStar under this Agreement. <br /> <br />g) NuStar may charge the Diversion Authority interest at the rate of one-half percent (1/2%) per month, or that permitted by law if lesser, on all past-due amounts starting thirty (30) days after receipt of invoice. Payments will first be credited to interest and then to principal.
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