O-2008-3091 design contract Huitt-Zollars, Inc/design services for Fairmont Parkway Bicycle Pedestrian Pathway Project

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Mr. Stephen Barr Fairmont Parkway Hike and Bike Trail June 23, 2008 HUITT -ZOLlARS 4.0 Invoicing 4.1 Invoices will be submitted monthly. Lump sum tasks shall be invoiced based upon percentage of work completed. Hourly not-to-exceed (HNTE) tasks shall be invoiced based upon the attached hourly Rate Schedule to a not to exceed amount authorized by the Client. SCHEDULE: The preliminary schedule for performing the scope of services is included as an attachment to this Agreement. Work shall begin upon HZ receiving this proposal accepted and authorized in writing by the Client. TERMS AND CONDITIONS: 1.0 Coordination with the Client HZ shall hold periodic conferences with the Client, or his representatives, to the end that the Project, as it progresses, shall have benefit of the Client's experience and knowledge of existing needs and facilities, and be consistent with his current policies and construction standards. To implement this coordination, the Client shall make available to HZ, for use in planning the Project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the Project. The Client shall furnish all legal, accounting and insurance 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. HZ shall be entitled to rely on the completeness and accuracy thereof. If the Client observes, or otherwise becomes aware of any fault or defect in the Project, prompt written notice thereof shall be given by the Client to HZ. 2.0 Billing and Payment 2.1 The Client, recognizing that timely payment is a material part of the consideration of this AGREEMENT, shall pay HZ for services performed in accordance with the rates and charges set forth herein. Invoices will be submitted by HZ on a monthly basis and shall be due and payable within thirty (30) calendar days of invoice date. If the Client objects to all or any portion of an invoice, the Client shall so notify HZ in writing within ten (10) calendar days of receipt of the bill in question, and pay when due that portion of the invoice, not in dispute. 2.2 The Client shall pay an additional charge of one-and-one-half (1.5) percent (or the maximum percentage allowed by law, whichever is lower) of the invoiced amount per month for any payment received by HZ more than thirty (30) calendar days from receipt of the invoice, excepting any portion of the invoiced amount in dispute and resolved in favor of Client. Payment thereafter shall first be applied to accrued interest and then to the principal unpaid amount. 2.3 If Client for any reason fails to pay the undisputed portion of HZ's invoices within 30 days of presentation, HZ shall cease work on the project and Client shall waive any claim against HZ, and shall defend and indemnifY HZ from and against any claims for injury or loss stemming from HZ's cessation of service. Client shall also pay HZ the cost associated with premature project demobilization. In the event the project is remobilized, Client shall also pay the cost of Page 6 of 10