HomeMy WebLinkAbout2013-357 S AMS- Philip Post & Associates for Site engineering and design for ES 501 Meadowland Rear Yard Ares $10,500 [Departmental Use Only]
TITLE ES Yard Site Design
FY 2013-14
NORTH CAROLINA
SERVICES AGREEMENT UNDER$90,000.00
ORANGE COUNTY
This Services Agreement (herinafter "Agreement"), made and entered into this 1st day of
August, 2013, ("Effective Date")by and between Orange County, North Carolina a body politic
and corporate of the State of North Carolina (hereinafter, the "County") and Philip Post &
Associates, (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): Surveying and Engineering Design services related to
the rear assembly, parking and logistics yard expansion for the Emergency
Services Headquarters, 510 Meadowlands Drive, Hillsborough, as described by
the attached proposal dated June 11, 2013 and revised June 18, 2013.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
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1
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Surveying and Engineering Design services
related to the rear assembly, parking and logistics yard expansion for the Emergency
Services Headquarters, 510 Meadowlands Drive, Hillsborough, as described by the
attached proposal dated June 11, 2013 and revised June 18, 2013.
4. Duration of Services
a. Term. The term of this Agreement shall be from August 1, 2013 to December 31,
2013.
b. Scheduling of Services.
i) The Provider shall schedule and perform his activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
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resources and working overtime, as necessary, to perform his services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be August 1,
2013.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement
except for any authorized Reimbursable Expenses which are defined herein. The
maximum amount payable for Basic Services shall not exceed Ten Thousand Five
Hundred Dollars ($10,500). Payment for Basic Services shall become due and payable
within thirty (30) days of Provider properly invoicing County. Payment shall be subject
to provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. Should Provider fail to perform its duties under the
terms of this Agreement, County may, without fault or penalty, withhold any payment
associated with the work to be performed until such time as said work is completed.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Jeff Thompson) to act as
the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each
of his subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i) Worker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
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iii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agents, Providers and employees.
b. Insurance Rating. The minimum insurance rating for any company insuring the Provider
shall be Best's A. If -rot mxw the o 1 #s,ft-comws
Risk Mansgw ma be comofted prior to fins]Wnj this Age
c. Limits of Coverage. Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A - Statutory State of N.C.
Coverage B - Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability NUM: � ;co. ge lets repked by RiA My—UK if
'.
$1,000,000 each claim, 000,000 aggregate
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
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Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
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d. Entire Agreement, This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail,return receipt requested to the following:
Orange County Provider's Name
Attention: Philip Post&Associates
P.O. Box 8181 401 Providence Rd, Suite 200
Hillsborough, NC 27278 Chapel Hill,NC 27514
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
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By: B Y:
Frank n, unt nager
Printed Name and Title
This instrument has been approved as to technical content.
Jeffrey Thompson, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
44'4'� A AV--
Office of the Finance Director
This instrument Ihijs been approved as to form and legal sufficiency.
..'.9 /1"�/ I ___
O ce of the County Attorney
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PHILIP
POST
ASSOCIATES 471302PR01
Job No: 471302 Date: June 11,2013
Thompson
To:Mr.Jeff Revised: June 18,2013
Orange County Finance&Administrative Services v1G..,�f oz
Po Box 8181 ��3�3
Hillsborough,NC 27278
Re: EMS Parking Lot Expansion ---Meadowlands Drive(Ref.Tax Parcel PIN 9874-80-2738 (±3.00 Acres.)
Dear Mr.Thompson:
We are pleased to provide this not-to-exceed(NTE)proposal to you for surveying and engineering services on the above
referenced project for the following scope of work
1. Size Sw=&B^ce Mann-Location and topographic survey of existing conditions.Prepare base map drawing for
site plan design and quantifytotal amount of existing impervious surface area.
NTT Amount for Item 1: $ 1,250.00
2. Site Plans. Rcci ications&De.--Prepare Site Plan design drawings and specifications including Grading,
Erosion Control,Drainage and Stormwater Management.Submit preliminary design drawings to Darshan Patel
and Jeff Thompson for review.Upon your approval we will prepare and submit the Site Plan application and
documents for review and approval by the Town of Hillsborough.
NTE Amount for Item 2:$ 4,760.00
3. Town of Igouh Approval Process-We will work with the Town of Hillsborough staff during the review
process to respond to review comments and questions,and revise the plans,documents and calculations as
needed for Site Plan approval.
NTE Amount for Item 3:$ 1,500.00
4. bidding Proml-We understand that the Financial Services Department will solicit bids for the project utilizing
our plans and specifications.We will attend a pre-bid meeting for the project,answer any bidder questions,
provide any required bid addenda information,and attend an on-site pre-construction meeting with the selected
contractor. We estimate six(6.0)engineer hours.
NTE Amount for Item 4:$ 840.00
5. Services Dung Cbnstruct on-Estimate two(2)to three(3)site inspections during construction and answer any
questions by the contractor during construction and final inspection;total of four(4)visits. We estimate seven
(7.0)engineer hours.
NTE Amount for Item 5:$ 950.00
6. Town of ITlls h," s-B ilts"-Provide final impervious surface survey to Hillsborough indicating that the
project conforms to the design and that it does not exceed the impervious limitations.
NTE Amount for Item 6:$ 1,200.00
Total NTE Amount for Items 1-6:$10,500.00
Note:The above does not include any design for utilities,lighting,landscaping,foundations,retaining walls;
governmental or permitting fees.
All out-of-pocket expenses for prints,copies,mylars,governmental fees,postage,hand deliveries,FedEx and similar
items will be billed in accordance with Exhibit No.2.
We propose to furnish labor and material,complete in accordance with above description and subject to
Exhibits No.-2_&_3-,attached, forthe sum of: e'en Thousand Five Hundred Dollars,Payment to be made as
follows:monthly,on a percentage complete or hourly basis;no retainage withheld.
Accepted by: Respectfull SubmittedV� �Y
Title: PHIL `ST& C.
Date:
By
T imothy Smitl ,PLS,PE
401 Providence Road,Suite 200 Chapel Hill,NC 27514 (919)929-1173 (919)493-2600 FAX(919)493-6546
PHILIP Exhibit No. 2
Page 1 of 1
POST
& Effective: January 2013
ASSOCIATES Through December 2013
Standard Rates taut-of-pocket Rates
Professional Services per/hr Expenses Dollars Per
1 Principal Engineer $158.00 1 Archive Charge $ 80.00 each
2 Professional Engineer $140.00 2 Recording Services $175.00 each
3 Civil Designer $122.00 3 Blackline Prints $ 1.50 each
4 Landscape Designer $100.00 4 Mylar $ 3.00 sq. ft.
5 CARD Technician $ 90.00 5 1 11 x 17 Color Copies $ 0.90 1 each
6 Project Administrator $ 75.00 6 8.5 x 11 Copies $ 0.151 each
7 Secretary $ 50.00 7 Other Standard Rate Items upon request
8 Professional Land Surveyor $ 95.00 8 Cost Plus Items cost + 10%
9 Survey Party Chief $ 75.00
10 2-Man Crew $115.00
11 1-Man Robotic Crew $120.00 Express Delive Rates
12 2-Man Robotic Crew $136.00 Item Standard Priority Overnight
13 1-Man Robotic Crew-PLS $128.00 1 Letter FedEx Pak $19.00 $26.00 $58.00
14 2-Man Robotic Crew-PLS $146.00 2 Tube FedEx Pak $29.00 $41.00 $87.00
15 1-Man GPS Crew-PLS $170.00 3 Local Hand $30.00
Delivery
16 2-Man GPS Crew-PLS $190.00 Standard: P.M. next day for FedEx
17 Other Professional Services Upon Priority: A.M. next day for FedEx or 4 hours for courier
Request Overnight: earliest next day for FedEx
Notes: b. Cost Plus Items: government fees,
1. The rate schedules of Exhibit No.2 are research materials,camera work,
compensation for professional services. Charges subcontracts,recording fees,permits,
will be billed monthly or as otherwise agreed and travel,per diem,tree protection fence,
are payable in full within TWENTY DAYS after the advances,and other agreed upon out-of-
billing date without any retainage being withheld. pocket expenses will be billed at cost plus
Finance charges will be billed to past due invoices 10%.
at the annual rate of 18%. 3. Overtime will be charged at 1.5 times standard
2. Reimbursement for out-of-pocket expenses will be rates,when authorized by the client.
billed monthly as follows: 4. These rates are subject to escalation every January
a. Standard Rate Items: blacklines,
reproducible drawings,color copies, 5. We offer other professional services and survey
photocopies,bindings,archive charges, crews are not listed above. These services and
recording services,concrete monuments, rates will be customized for your particular project
iron rod with aluminum cap,express and needs.
deliveries,and mileage will be billed at our
standard rates.
401 Providence Road,Suite 200 Chapel Hill,NC 27514 (919) 929-1173 (919)493-2600 FAX(919)493-6548
Standard Provisions of Agreement Between Client and Consultant
Client and consultant agree that the following provisions shall be pan of their agreement:
(Exhblt Number
1. This agreement shall be binding upon the heirs,executors,adminisuators,successors and assigns of client and consultant. itnt I Client
2. This agreement shag not be assigned by either client or consultant without the prior written consent of the other.
3. This agreement contains the entire agreement between count and consultant relating to the project and the provision of services to the project.Any prior
agreements,promises,negotiations or reproserdations not etpressly sat faith in this agreemam are of no force or effed.Subsequent modifications to the (ink-MIS)
agreement shag be in writing and signed by loth client and consultant.
4. Consultant's waiver of any lemn,condition,or covenant,or breach of any term,condition,or covenant,shag not constitute the waiver of any other tam%condition,or covenant,or the breach of any
other term,condition,or covenant
5 H any term,condition,or covenant of this agreement is hold by a court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions of this agreement shall be valid and
biding an dnerd and consular.
6 This agreement shag be governed by and oonslrued in accordance with the laws ol the State of North Carolina
7. Consultant shag only ad as an advisor in all governmental-relations.
8. All original papers,documents,drawings and other work product of consultant,and copies thereof,produced by consultant pursuant to this agreement,except documents which are required to
be fated with public agencies,shop remain the property of consultant and may be used by consultant without the ccesant'd client.
9 Client aeknowrtedges that its right to utilize the services and work product provided pursuant to this agreement will continue only so long as client is not in default pursuant to the terms and cond-
tans of this agreement and client has performed all obligations under this agreement Client further acknowledges that consultant has the unrestricted right to use the servioes provided pur-
suant to this agreement as well as all work product provided pursuant to this agreement.
10. Client and oonsuffard agree to cooperate with each other in every way on the pmjad.
it. Upon written request,client shag execute and deliver,or cause to be executed and deliiver,such additional instruments,documents,governmental fees and dnargea which we necessary to per-
form the terms of this agreement
12 Consultant makee no representations concerning soil conditions unless specifically included in writing in this agreement,and he is not responsible for any nabidy that may arise out of the
making or failure to make soil surveys,or subsurface soil Pests,or general sell testing
13, Client agrees not to use or pemd any other person to use plans,drawings,or other work product prepared by consultant,which plans,drawings,or other work product are not final and which are
rwf signed and stamped or sealed by consultant Client agrees to be liable and responsbie for any such use of nominal plans,drawings,or other work product rot signed and stamped at
sealed by consultant and waives Willy against oxtnsuftant for their use.Client further agrees that final plans,drawings,specifications and all other work product are for the exclusive use of
diem and may be used by diem only for the project described on the(arse hereof.Such final plans,drawings,specifications,or contract documents are instruments of setae in rasped to the
project.They are not Intended or represented to be suitable for re-uss by client or others an extensions of the project w on any other project.Any re-uss without written verification or adaptation
by consultant for the specific purposes intended will be at the dlent's We risk and without lability or legal exposure to consultant and client%hall indemnify and hold(armless consultant from
all calms,damages,losses and expenses,including attorney's teas,arising out of or resulting therdram Any such verification or adaptation will entitle consultant to further compensation at
rates to be agreed upon by the client and consultant.
14. Consultant has a night to complete all services agreed to be rendered pursuant to this rntract In the award this agreement Is terminated before the completion of all services,unless consultant is
responsible for such early termination,clan agrees to release consultant from all lability for work performed.
15. Unless otherwise staled,the consultant will have aeeess to the she for activities necessary for the performance of the services.The consultant will tale precautions to minimize demaga due to
these activities,but has not included in the tee the cost of restoration of any resulting damage.
16. It the scope of services to be provided by cosultarm pursuant to the terms of this agreement include the preparation of plans for water or sewer systems or fines,but exclude orosite construction
observation services,client acknowledges that design of such systems normally includes engineering ceruTicalion services and the preparation of record drawings based upon ax-oite observe,
lion by an engineer during construction and cilenl will be required to retain such services from another consultant or pay con su(tad pursuant to this agreement for such services as extra work
17, Consultant shell be entitled to imvrodiately,and without notice,suspend the psrfomnancs of any and all of its obligations pursuant to this agreement if client files a voluntary petition seeking refer
under the United States Bankruptcy Code or H there Is an involuntary bankruptcy petition filed against client in the United Stales Bankruptcy Court,and that petition is not dismissed within fif-
teen(15)days of its filing.Any suspension of services made pursuant to the provisions of this paragraph shall continue until such time as this agreement has been fully and property assumed in
accordance with the applicable provisions of the United States Banknptcy Code and in compliance with the final order or judgment issued by the Bankruptcy Court.
18. This agreement shall not be construed to alter,effect or waive any Gen right which consultant may have for the performance of services pursuant to this agreement.Clan(agrees to separately pro-
vide to consultant the name and address of the current record owner of the property an which the project is to be located.Client also agrees to separately provide consultant with the name and
address of any and all lenders who would ban money on the project and who are enlitted to receive a preliminary notice.
19. ft payment for consultant's services is to be made on behaff of client by a third-party tender,client agrees that consultant shall not be required to indemnify the third-party tender,in the form of an
endasement or otherwise,as a condition at receiving payment tar services.
20. If den rats to pay consultant within thirty(30)days after invoices are rendered,or falls to provide adequate site access to consultant or in the event consultant fords conditions affecting its perfor-
mance signitiar*different than those originally contemplated,then client agrees consultant shall have the right to consider such dsia dl in payments or such even a material breach of this
entire agreement,and,upon written notice,the duties,abligathons,and responsibilities of consultant under this agreement are laminated,to such went,area shall promptly pay consultant for
erg lass,charges,and services provided by consultant,including tarminationn expenses.
21. Invoices for uwnstdterd's services shalt be submitted,at the consularWs option,either upon completion of such services or an a monthly basis.Invoices shall be payable within 20 days after the in-
voice data H the invoice is not paid within 30 days,the eonsuifant may,without waiving any claim or right against the client,and without liability whatsoever to the client,terminate the perfor-
mance of the service.Retainers shelf be credited on the final involve,
22- Client agrees that the periodic bpi ings and invoices from consultant to diem are correct,conclusive,and b'ind'ing on client unless dent,within ten(10)days from the data of receipt of such W
roil,notifies consultant in writing of alleged inaccuracies,c6serepandes,or errors in the billing.
23. Cl ent agrees to pay a monthly late payment penalty of one and one-half percent(I-V2%)per month,which is an annual rate of eighteen percent(189),which will be applied to any unpaid
balance commencing thirty(30)days after the date of the original billing.Any payment threader will be applied first to accrued interest and then to principle unpaid amount In the even any
portion or all of an account remains s unpaid 90 days after biling,the client shalt pay alt costs of collodion,including reasonable atomay fees.In the even of litigation by consultant to collect un-
paid amours,client agnm to pay consultant interest on all past due balances at the rate of eighteen percent(189)per annum.
24. H consultant,pursuant to this agreement,produces plans,specFwations,or other documents andtar performs fold work,and such piano,specifications,and other documents and/or field work
are required by one or more governments!agency,and one or more such governments!agency changes its ordinances,policies,procedures or requirements after the date of t&agreement,
any additional office or field workthanby required shelf be paid for by diem as extra work
25, In to event of any Increase of costa due to the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement,or rise in the cost
of owing,during the Iffetime of this agreement,such percentage increases shaft be applied to all remaining compensation.
26. Client agross that 7 died requests services not specified pursuant to the suxps of services description within this agreement,cfiard agrees to pay for all such additional services as extrawatk
27. In the event that any staking is destroyed,damaged or disturbed by an act of God or parties other than consultant,the cost of restaking shell be paid for by client as extra work,provided such
work is authorized by client.Cigar acknowledges that the design work performed pursuant to this agreement is based upon field and other conditions existing at the time d preparation of con-
sultant's work Client funhw acknowledges that Fold end other conditions may change by the time project construction onus and clarification,adjustments,moditoationa and other changes
may be necessary to mood changed fald or other conditions.If the soaps of services pursuant to this agreement does not include construction staking services by consultant for this project,or
H subsequent to this agreement client retains other persons or within to provide such services,client acknowledges that such services will be performed by others and that dierm will defend,in-
dem ily,and hold consular harmless from any and an claims arising from or resulting from the performance of such services by other persons or entities except claims caned by the sole
negligence or willful misconduct of consultant;and from any and all dawns arising from or resulting from darTcations,adjustments,modifications or other changes which may be necessary to
relied changed field or other conditions except ddure caused by to safe negligence or willful misconduct of consultant.
28.Giant shag pay the costa of checking and inspection fees,zoning,pem-A and application fees,assessments,capital improvements and impact teas.80745 engineering fees,soak testing fees,
aedai topography foes,and sit other(ass,ponnim,bond premiums,recording fees,charges for mylars,blueprints and reproductions,express delivery,facsimile,long distance telephone,xerox-
trg and printing,staking materials,and all other charges not speoffically covered by the terms of the agreement.
29. In the even all or any portion of the work prepared or partially prepared by consultant is suspended,abandoned,or terminated,client shall pay consultant for all services rendered up to the date
of termination.Client acknowledges that 7 the project work is suspended and restarts,there will be additional charges due to suspension of the work which shalt be paid for by client as extra
wok
30. The diem acknowledges that the consultant is a corporation and agrees that any claim made by the client arising out of any ad or omission of any director,officer or employee of the consultant
in the execution or performance of this agreement,shaft be made against the consultant and not against such director,officer or employee