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10-10-22-R
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10-10-22-R
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Professional Services Agreement <br /> Arden Hills Local Stormwater Plan <br />220290 <br />5/12/2022 <br />Page 7 of 12 <br /> <br />Version2.3 02052021 <br />8.0 Terms and Conditions <br />The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. <br />8.1 Standard of Care <br />Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that <br />degree of care and skill ordinarily exercised by members of the same profession currently practicing at the <br />same time and in the same or similar locality. <br />8.2 Entire Agreement <br />This AGREEMENT and its attachments constitute the entire understanding between CLIENT and COMPANY <br />relating to COMPANY’s services. Any prior or contemporaneous agreements, promises, negotiations, or <br />representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to <br />this AGREEMENT shall be in writing and signed by the parties to this AGREEMENT. If the CLIENT, its <br />officers, agents, or employees request COMPANY to perform extra services pursuant to this AGREEMENT, <br />CLIENT will pay for the additional services even though an additional written agreement is not issued or <br />signed. <br />8.3 Time Limit and Commencement of Services <br />This AGREEMENT must be executed within ninety (90) days to be accepted under the terms set forth herein. <br />The services will be commenced immediately upon receipt of this signed AGREEMENT. <br />8.4 Suspension of Services <br />If the Project or the COMPANY’S services are suspended by the CLIENT for more than thirty (30) calendar <br />days, consecutive or in the aggregate, over the term of this AGREEMENT, the COMPANY shall be <br />compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of <br />suspension. In addition, upon resumption of services, the CLIENT shall compensate the COMPANY for <br />expenses incurred as a result of the suspension and resumption of its services, and the COMPANY’S <br />schedule and fees for the remainder of the Project shall be equitably adjusted. <br />If the COMPANY’S services are suspended for more than ninety (90) days, consecutive or in the aggregate, <br />the COMPANY may terminate this AGREEMENT upon giving not less than five (5) calendar days' written <br />notice to the CLIENT. <br />If the CLIENT is in breach of this AGREEMENT, the COMPANY may suspend performance of services upon <br />five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the <br />CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any <br />breach of this AGREEMENT by the CLIENT. Upon receipt of payment in full of all outstanding sums due from <br />the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY <br />shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees <br />as a result of the suspension. <br />8.5 Books and Accounts <br />COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental <br />expenses for a period of five (5) years. Said books and accounts will be available at all reasonable times for <br />examination by CLIENT at the corporate office of COMPANY during that time. <br />8.6 Insurance <br />COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General <br />Liability and Automobile claims for bodily injury, death, or property damage, and Professional Liability <br />insurance caused by the negligent performance by COMPANY's employees of the functions and services <br />required under this AGREEMENT. <br />8.7 Termination or Abandonment <br />Either party has the option to terminate this AGREEMENT. In the event of failure by the other party to perform <br />in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide <br />further services under this AGREEMENT may be terminated upon seven (7) days’ written notice. If any <br />portion of the services is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and <br />Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the
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