Reso 2011-1694 - Laserfiche WebLink

Home Browse Search

undertake the completion of performance of Services, Consultant agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Consultant's failure to perform the Services. 3. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end no later than 45 (Forty-Five) days from issuance of Notice to Proceed from City Manager or his Designee. Payment will be made only for work completed to the satisfaction of the City. Consultant is to commence performance of work on the Issuance of Notice to Proceed and continue in a diligent manner until work is complete. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. 4. COMPENSATION: Consultant shall be compensated a total fee not to exceed Thirteen Thousand Nine Hundred Dollars ($13,900.00) to perform Tasks 1, 2 and 3 of the Services described in Attachment "A". Payment will be made to the Consultant as invoiced, and all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges and tasks reflected in Attachment "A". The City shall pay the invoiced amounts within thirty (30) days after receipt of the invoice. The Consultant shall make no other charges to the City for supplies, labor, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. 5. ADDITIONAL SERVICES OF CONSULTANT. Additional Services of Consultant are hereby defmed as any Services other than Tasks 1, 2 or 3 of the Services described in Attachment "A" of this Agreement ("Additional Services"), which are authorized by the City Manager or his designee and performed by Consultant. Prior to performing Additional Services, Consultant shall be required to submit a written request for the requested Additional Services and obtain the written approval of the City Manager or his designee. The request for Additional Services shall at a minimum include a description of the services to be performed, the reason why the Additional Services are needed or required, a schedule of completion of the proposed Additional Services, and a not-to-exceed amount for the performance of the proposed Additional Services. Each approved Additional Services request shall be billed separately. Payment for Additional Services will not be made unless the Additional Services are approved by the City Manager or his designee in writing with a not-to-exceed amount prior to the Additional Services being performed. Consultant shall commence performance of Additional Services only upon written authorization to proceed upon such tasks issued by the City Manager or his designee. 6. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: o Comprehensive General liability insurance, including broad form contractual liability coverage for all operations, including, but not limited to, contractual, CIOII-033 KlMLEY-HORN & ASSOCIATES, INC. TRAFFIC STUDY AGREEMENT ;~::. ~. " Page 2 of 7 ~-- t'~ .4 t.J