AG 2009 06 15 - Laserfiche WebLink

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' EXHIBIT A LANDDESIGN, INC. STANDARD TERMS AND CONDITIONS OF CONTRACT ' Contract Billing: Billing for contracts shall be on a monthly basis. Invoices are due upon receipt Payment not received within thirty (30) days of invoice date will be subject to a service charge in the amount of one and one-half percent (1.5%) per month. If account is not paid per the terms of this agreement, LandDesign is entitled to recover any and all reasonable attorney fees associated related to the collection from client. In addition, LandDesign reserves the right to suspend all work in anycase where ' invoices remain unpaid more than sixty (60) days from issue. Reimbursable Expenses: Expenses incurred by LandDesign solely in the interest of the project shall be reimbursableand billed at 1.1 times our direct costs up to 7% of total labor fees. Reimbursable expenses shall include but not be limited to all shipping and mailing costs, courier services, travel, long distance telephone and facsimile transmittals, supplies, printing and photographic ' reproductions. Overtime Charges: LandDesign shall be paid overtime in any case in which the Client requests work to be complete prior to previously agreed upon completion date. Commencement of Work: Client acknowledges that the fees of LandDesign set forth in this Contract contemplate prompt commencement by LandDesign of the work to which such fees relate. Accordingly, LandDesign shall have the unilateral right to ' terminate all or any portion of this Contract to the extent Client does not authorize LandDesign to promptlycommence and complete performance of the work to be performed by LandDesign hereunder. LandDesign reserves the right to renegotiate contract fees'rf work is not completed within two years of the original date of this contract. Additional Services: Any work required in addition to that detailed in this Contract will be billed on an hourly basis according to ' our then current rates or a negotiated lump sum fee. Extra work will include, but not be limited to: Changes in the Scope of Services; Changes made in response to program changes; Changes due to revision of site/base information provided by others; and Design modifications requested by the Client subsequent to prior approval. ' Hourly Rates: Our hourly rates are as follows: Partner $150.00 - $300.00/Hour Construction Administration Manager $ 85.00 - $140.00/Hour Principal $125.00 - $200.OOMour Branding Manager $100.00 - $140.00/Hour Senior Associate $110.00 - $180.OOMour Designer $ 80.00 - $140.00/Hour Associate $100.00 - $170.OOMour Graphic Designer $ 80.00 - $140.00/Hour ' Manager $ 95.00 - $160.OOMour Field Technician $ 60.00 - $100.00/Hour Landscape Architect $ 95.00 - $160.00/Hour CAD Services $ 65.00 - $ 80.00/Hour Professional Engineer S 95.00 - $160.00/Hour Project Assistant $ 60.00 - $ 90.00/Hour Engineer (EI) $ 85.00 - 5140.00/Hour Administrative Assistant $ 45.00 - $ 70.00/Hour ' Planner S 80.00 - S140.00/Hour All billing rates are subject to periodic adjustments at the discretion of LandDesign. Ownership and Use of Documents: Upon payment in full of all sums due LandDesign by Client pursuant to this Agreement, the drawings, sketches, specifications, and other contract documents prepared by LandDesign for the project ("the Documents'shall become the property of Client, provided: (1) the Documents shall not be used by Client or any third party on any other project without the prior express written consent of LandDesign: (2) Client acknowledges that any machine readable or electronic copies of the Documents mayvary or contain information different from physical copies and that LandDesign, will have no responsibility for ' such differences: (3) LandDesign will remove its seal and title blocks from the Documents provided to Client; (4) Client warrants that it will not make, allow or authorize any use to be made of the Documents which is in violation of any statute, rule, regulation or code or which is in any way illegal or contrary to law; and (5) Client agrees to indemnify and hold LandDesign harmless from and against all liability, damage or claims, including reasonable attorneys' fees, resulting from any claim against LandDesign by any third party arising out of the use of any of the Documents contrary to the provisions of this Agreement. Tan•~pa FL Nashvi Ile TN NC Planning PN 1008319 Be,;n RC Attachment riur~nber 2 Governing Body: This Agreement shall be governed by the interpreted, construed, and enforced laws of the State of North Carolina. Termination: Contract may be terminated at any time, by either LandDesign or Client, by notification in writing. In the event of termination, LandDesign shall be paid for services performed and reimbursable expenses incurred to the date of notification. Any expenses incurred by LandDesign due to termination of project by Client shall be paid by Client. Acts of God and Third Parties: Notwithstanding any provision contained in this Contract to the contrary, LandDesign shall not be deemed in default hereunder, or otherwise liable or responsible, if any failure of its performance shall be due to any governmental regulations or controls, the need to obtain any governmental approvals, inability to obtain any material or service, strike, act of war, act of God, act of any third party, or any other cause whatsoever beyond the reasonable control of LandDesign, and the time for performance by LandDesign shall be extended by the period of delay resulting from or due to any of such causes. Washington DC General Provisions: LandDesign assumes no liability arising from this Contract Proposal or the work involved except in sofar as Charlotte NC it is liable for its acts or the acts of its employees. It is our policy to complete our services promptly and within established schedules, however, there is no expressed or implied guarantee as to when plans will be approved by the applicable governing Finehurst NC agencies. W e will progress our work in an expeditious and professional manner at all times. Asheville NC ' G-6 Page 372 of 433