09.01 Trailside Park Phase 1 Service Proposals

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ASSOCIATES � 219 West First Street,Suite 350 Duluth MN 55802 I phone 218.391.I 335 I fax 218.722.6697 I email mail@saslandarch.com ■ Construction layout,structural,mechanical and utility design is to be done by WSN under separate contract with the City. Calculation requirements,etc.,will be the responsibility of others or outside of our present scope of work. ■ The services we provide and the areas of work for which we will be responsible will follow those described above. We will gladly attend additional meetings or make additional site visits provided they are compensated for as additional services. Any changes to the design or drawings(not due to our enor or omission)which are contrary to previous instructions or approvals will also be considered additional services as will revisions to the drawings or the development of additional concepts or designs beyond those described above. I will serve as SAS+Associates's project manager for this work. We have attempted to describe all tasks and products in this scope of work so there is a clear expectation of SAS+Associates' products and responsibilities. We are ready to proceed with work as soon as authorized. Please return one initialed and signed copy of this proposal for our records if it is acceptable. SAS+Associates(herein called the Firm)shall perform the services outlined in this agreement for the sta.ted fee arrangement. Access to Site: Unless otherwise sta.ted,the Firm will have access to the site for activities necessary for the performance of the services.The Firm will take precautions to minimize damage due to these activities,but have not included in the fee the cost of restoration of any resulting damage. Fee: The total fee,if stated,shall be understood to be an estimate,and shall not be exceeded by more than ten percent without written approval of the Client. Where the fee arran ement is to be on an hourly basis, the rates shall be those that prevail at the time servrces are rendered.Additional Services wi�l be billed at the following rates. Current hourly rates are as follows: Principal: $ 90 Landscape Arcbitect II $ 85 Landscape Architect $ 75 Draftsperson/CAD: $ 65 , Administrative: $ 55 Clerical: $ 45 Billings/Payments: Invoices for the Firm's services shall be submitted,at the Firm's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, the Firm may, , without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate the perFormance of the service.Retainers sha11 be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5%on the then unpaid balance (18.0% true annual rate), at the sole election of the Firm. In the event any portion or a11 of an account remains unpaid 90 days after billing,the Client shall pay all costs of collection,including reasonable attorney's fees. Indemnification: The Client shall indemnify and hold harmless the Firm and all of its personnel from and against any and all claims, damages, losses and expenses (including reasonable attomey's fees) arising out of or resulting from the performance of the services, provided that any such cla'vn, damage, loss or expense is caused in whole or in part by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly employed by the Client(except the Firm), or anyone for whose acts any of them may be liable. 3 Landscape Architecture Site+Urban Design