PROJ00015 - Laserfiche WebLink

Home Browse Search

I I . I I t I I I I t. v I I I I 'I t I . I I . . Woodward.Clyde Consultants Unless otherwise stated in writing, the method of charging for the Services shall be on a time and materials basis and shall be based on the Schednle of Fees and Charges in effect when the Services are perfotmed, WCC periodically shall submit invoices to Client. Client shall pay each invoice within thirty (30) days of the date of the invoice. However, if Client objects to all or any portion of any invoice, Client shall so notify WCC thereof within fifteen (15) days from date of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. Client shall pay an additional charge of one and one half percent (1.1/2%) of the amount of the invoice per month or the maximum percentage allowed by law, whichever is the lesser, fot any payment received by WCC more than thirty (30) days from date of invoice. Payment thereafter shall first be applied to accrued interest and then to the unpaid principal. The additional charge shall not apply to any disputed portion of any invoice resolved in favor of Client. In the event of a legal action brought by WCC against Client for invoice amounts not paid, attorneys' fees, court costs, and other related expenses shall be paid to the prevailing party by the other party. Client shall compensate WCC for any sales or value-added taxes which apply to the Services rendeted under this Agreement or any Addendum thereto. Client shall reimburse WCC for the amount of such taxes in addition to the compensation due for Services. In addition to the above, if payment ofWCC invoices is not maintained on a thirty (30) day current basis, WCC may, by ten (10) day written notice to Client, suspend further performance and withhold any and all data from Client until such invoice payment is restored to a current basis. ARTICLE III CONSTRUCTION PROCEDURES wce, except for its own Services, shall not specify construction procedures, manage or supervise construction, or implement or be tesponsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety ptecautions and programs. In the event wee, in writing, expressly assumes health and safety responsibility for certain concerns such as toxic concerns, the acceptance of such responsibility shall not be deemed an acceptance of tesponsibility for other health and safety requirements such as those relating to excavating, trenching, drilling and backfilling, unless expressly provided otherwise. wee testing or inspection of portions of the work of other parties on a project shall not relieve such other parties of their responsibility fot performing their wotk in accordance with applicable plans, specifications and safety tequirements. ARTICLE IV RECOGNITION OF RISK Client recognizes that environmental, geologic and geotechnical conditions will often vary from those encountered at the times and locations where data are obtained by wce, and that the limited data result in uncettainty with respect to the interpretation of these conditions, despite the use of due professiorial care. ARTICLE V . PROFESSIONAL RESPONSIBILITY wec tepresents that the Services shall be performed, within the limits prescribed by Client, in a mannet consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances at the time the Services are performed. No other representations to Client, express Ot implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document or otherwise. 92D227P/P227.CNT 06-2A.92(9:33pm)/PRO/S4 -2-