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

Browse Search

Mr. Stephen Barr Fairmont Parkway Hike and Bike Trail June 23, 2008 HUITT -ZOLlARS remobilization, and shall renegotiate appropriate contract terms and conditions, such as those associated with budget, schedule or scope of service. 2.4 In the event any bill or portion thereof is disputed by Client, Client shall notify HZ within ten days of receipt of the bill in question, and Client and HZ shall work together to resolve the matter within 60 days of its being called to HZ's attention. If resolution of the matter is not attained within 60 days, either party may terminate this AGREEMENT. 3.0 Sales Taxes All sales tax is required to be paid by HZ will be billed to the Client in addition to fees. 4.0 Revision to Drawings and Specifications Where lump sum or percentage fees are paid for defined basic services, HZ will make, without expense to the Client, such revisions of the preliminary drawings as may be required to meet the needs of the Client, but after a definite plan has been approved by the Client, 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 HZ 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, HZ 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. 5.0 Ownership of Documents It is understood that HZ is preparing documents for a specific installation, rather than standard documents for repetitive multiple use. Therefore, all documents, including original drawings, estimates, specifications, field notes and data are and remain the property of HZ as instruments of service. The Client may obtain, upon payment of fees due HZ, reproducible copies of drawings, and copies of other documents, in consideration of which it is mutually agreed that the Client will use them solely in connection with the Project, and shall not authorize their use on other projects, except by written agreement with HZ. 6.0 Termination In the event termination becomes necessary, the party (Client or HZ) effecting termination shall so notify the other party and termination will become effective fourteen (14) calendar days after receipt of the termination notice. Irrespective of which party shall effect termination or the cause of termination, the Client shall within thirty (30) calendar days of termination remunerate HZ for services rendered and costs incurred up to the effective time of termination, in accordance with HZ's prevailing fee schedule and expense reimbursement policy. 7.0 Professional Responsibilities 7.1 Services will be performed in accordance with sound and generally accepted principles as expeditiously as is consistent with professional skill and care and the orderly progress of the work. HZ shall not be liable for any indirect or consequential loss or damage arising out of the Page 7 of 10