Reso 2009-1463 - Laserfiche WebLink

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KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS (1) Conlultant'l Scope of Sentca and Additional Services. The Consultant's undcrtaJc:ing to perform professional services extends only to tM services specifically described in this Agreement However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services''), and such Additional Services sbaIl be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's tben-currcnt hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calla, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for desi&n, analysis, GIS, and graphics, etc., will be billed at $25.00 per hour. (2) CUent'l RespoDJlbfUtles. In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. (b) Provide aU information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development, design, or construction. (c) Provide to the Consaltant all previous studies, plans, or other documents pertaining to the project and aU new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely. (d) Ammge for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review aU documents or oral reports presented by the Consultant and reader in writing decisions pertaining thereto within a reasonable time so 88 DOt to delay the services of the Consultant. (f) Furnish approvaIa and permits from governmental authorities having jurisdiction over the project and approvals and consents from other partiea as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting, legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever- the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all cosu incident to the responsibilities of the Client. (3) Period of ServIces. Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and wiD complete the services in a reasonable time. This Agreement is made in anticipation of conditions permittina continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspcosions due to circumstancea that the Consultant does not control If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisiODl: (a) Invoices will be submitted periodically, via regular mail 01' email, for services performed and expenses incurted. Payment of each invoice will be due within 2S days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant for the chuation of the project and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fai1a to make any payment due the Consultant under tbia 01' any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services until aU amounts due are paid in full. (b) If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice 01' the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. (c) The Client agrees that the payment to the ConsultaDt is not subject to any contingeDcy or condition. The Consultant may negotiate payment of any check tcndem! by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any ri&ht of the Consultant to coUect additional amounts from the Client. (5) Use of Documents. All cIocuments, including but not Iimitcd to drawings, specifications, reports, and data or programs stored electronically, prepared by the CoDBUltaot are related exclusively to the services described in this Agreement, and may be used only if the Client bas satisfied aU of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the ConsultaDt's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole ris1c and without liability to the Consultant, and the Client shall indl'!llmify, defend and bold the Consultant harm1eas from aU claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the '~:-- d " :.5 rev 01109