Agenda - Council - 02/23/2016 - Laserfiche WebLink

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Consultant or the City, except for reasonable delays that are outside the control of either entity. Items that may delay the agreed upon schedule must be communicated to the other party as soon as they become known. Said schedule shall be included in the specific Letter of Engagement for a particular project. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT OF COMPENSATION. The City shall pay the Consultant for the Service(s) furnished, and the Consultant shall accept as full payment, the sum described in the Letter of Engagement for a particular project. This sum shall include all Service(s) rendered by the Consultant under this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the Service(s) herein), except for additional services authorized in writing by the City. A schedule of hourly fees shall be provided to the City by the Consultant on an annual basis. The sum stipulated for Service(s) shall be considered an "Hourly - Not to Exceed" cost to the City, unless specifically stipulated otherwise, subject only to adjustments for changes in scope of Service(s) performed. The Consultant shall promptly notify the City if Consultant feels the initial scope of the project has changed or anticipates that the sum may be exceeded, in order to determine whether or not the City is prepared to increase the compensation. Any agreed upon changes shall be in writing between the City and Consultant. The City may, at its sole discretion, choose an alternate form of compensation, to include lump sum or percentage of construction costs. Compensation for Service(s) during the construction phase of a project will also be provided on an "Hourly - Not to Exceed" basis, unless specifically stipulated otherwise. Consultant's level of Service(s) and actual charges may depend in part on such unknown factors as quality and responsiveness of the Contractor, weather conditions and adherence to the construction schedule, and unforeseen site conditions that may be revealed during construction. The Consultant shall promptly notify the City if Consultant feels that project conditions have changed or anticipates that the sum may be exceeded, in order to determine whether or not the City is prepared to increase the compensation. Any agreed upon changes shall be in writing between the City and Consultant. Compensation for a particular project will be described and detailed in the Letter of Engagement prepared for each particular project. Section 4.02. PAYMENT OF COMPENSATION. Contemporaneously with the submission of any invoice to the City, the Consultant shall provide an itemized statement detailing the number of hours spent by Consultant's employee or agent as well as the hourly rate charged by the individual providing the work. The Consultant's billings shall also include the City project name and number, description of the work performed, contract amount and amount invoiced to date, and contract percent complete and percent remaining. Invoices shall include subtotals for each phase of the project, if required. Each invoice submitted by the Consultant shall include only one project. The Consultant will bill the City monthly. The City will pay the Consultant within 30 days after receipt of the invoice. 3