O-2005-2822 - Laserfiche WebLink

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counseling services, land survey information, soils and laboratory testing, and other special consultants including, but not limited to, asbestos, hazardous and toxic materials management as required. The Huitt-Zollars shall be entitled to rely on the completeness and accuracy thereof. If the City observes, or otherwise becomes aware of any fault or defect in the Project, prompt written notice thereof shall be given by the City to the Huitt- Zollars. 3. FEES: For, and in consideration of, the services to be rendered by the Huitt-Zollars, the City shall pay, and the Huitt-Zollars shall receive the fees set forth, for the indicated phases of the work. Basis of compensation may be lump sum, percentage of construction cost, cost-plus, multiplier of salary costs, or other basis. (See Attachment C - Schedule of Fees.) Where the fee is based on percentage of construction cost, the fee for each separate phase shall be based on the construction cost of all work authorized by the City to be designed or handled by the Huitt-Zollars in each Phase, in accordance with this Agreement, with construction cost being based on the lowest acceptable proposal or lowest bona fide bid if no award is made. Where no proposals or bona fide bids are received, the Huitt-Zollars's estimates shall be the basis for final payment for the Design Phases. Unless otherwise specified, fees shall be paid to the Huitt-Zollars in Houston, Texas, in accordance with monthly billings based upon the estimates of work performed and expenses incurred during that month. Any payments not made within thirty (30) days on invoices rendered shall be subject to a charge for interest at the maximum legal rate, beginning 30 days after the date of the invoice. Failure to make payments when due shall entitle Huitt-Zollars to suspend services. The Huitt-Zollars's final payment is due and payable upon issuance of Certificate of Completion or upon substantial completion of the construction, and after the Huitt-Zollars has performed final inspection and provided the City and Contractor a final checklist of minor items to be completed. No deductions shall be made from the Huitt-Zollars's compensation on account of penalty, liquidated damages, or other sums withheld from payments to contractors, or on account of damages or cost of changes in the Work other than those for which the Huitt-Zollars is adjudicated legally liable. 4. REVISION TO DRAWINGS AND SPECIFICATIONS: Where lump sum or percentage fees are paid for defined basic services, the Huitt-Zollars will make, without expense to the City, such revisions of the preliminary drawings as may be required to meet the needs of the City, but after a definite plan has been approved by the City, if a decision is subsequently made which for its proper execution, involves added services and expenses for changes in, or additions to, the drawings, specifications or other documents, or if the Huitt-Zollars is put to labor or expense by delays imposed on him from causes not within his control, such as the readvertisement of bids or by the delinquency or insolvency of contractors, the Huitt-Zollars shall be compensated for such added services and expense, which services and expense shall not be considered as covered by the basic fees stipulated in the Agreement. Compensation for such added services and expense shall be made in accordance with the terms for "Additional Services". It is anticipated that inspection services, if provided, will be performed over a period not exceeding the construction time included in the specifications or bid forms, plus 30 days. B-2