6.5. SR 11-07-2005 - Laserfiche WebLink

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Great River Regional Library KKE 0606.9900.01 November 3, 2005 Page: 6 CITY OF ELK RIVER GREAT RIVER REGIONAL LIBRARY SITE ANALYSIS AND RECOMMENDATION KKE NO. 0606.9900.01 APPENDIX C GENERAL CONDITIONS Section 1: Services and Compensation 1.1 KKE Architects, Inc., a Minnesota business corporation (hereinafter called KKE), will perform services as defined in the Agreement, and CLIENT will pay for those services as agreed. KKE will provide additional services as requested or which are necessary, and CLIENT will pay for those services at the rates shown in Appendices A and B. CLIENT will pay the balance stated on the invoice unless CLIENT notifies KKE in writing of the particular item that is alleged to be incorrect within fifteen (15) days from the invoice date. CLIENT will pay any tax on professional services now in force or imposed in the future. Section 2: Responsibilities 2.1 KKE will not be responsible for the failure of others to perform in accordance with the specifications or contract documents, and KKE's services shall in no way relieve others of their responsibilities. 2.2 For work not on KKE premises, KKE will not be responsible for superintending, supervising, or directing work of Contractors or others; or for job or site safety, those being the sole responsibility of others. 2.3 CLIENT will make available to KKE all known information regarding existing and proposed conditions of the site and undertaking. Section 3: Reports/Drawings 3.1 Drawings, reports, notes, calculations, and other documents, as instruments of service, shall remain KKE's property. If CLIENT does not pay for KKE's services as agreed, CLIENT agrees that all reports and other work will be returned to KKE upon demand, and that reports/drawings and other work will not be used by CLIENT for any purpose whatsoever. Section 4: Payment, Interest, and Breach 4.1 CLIENT agrees to pay invoices on receipt, and to pay interest on unpaid balances beginning thirty (30) days after invoice date, at the lower of 1.5 percent per month or the maximum rate allowed by law. CLIENT acknowledges that KKE's billing rates and charges are subject to periodic adjustment, and CLIENT agrees to pay for services at the rates and charges in effect at the time invoices are mailed. 4.2 CLIENT'S obligation to pay for the work contracted is in no way dependent upon CLIENT'S ability to obtain financing, zoning, approval of govemmental or regulatory agencies, final adjudication of a lawsuit in which KKE is not involved, or upon CLIENT'S successful completion of the project. To preserve lien rights in accordance with the mechanic's lien laws in Minnesota, KKE will file liens in the county where the project site is located within one hundred twenty (120) days after the last item of service labor has been furnished. If KKE brings a lawsuit against CLIENT or forecloses a lien on CLIENT'S property to collect its fees, then all its collection expenses, including attomeys' fees, will be paid by CLIENT.