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GENERAL CONDITIONS TO AGREEMENT FOR PROFESSIONAL SERVICES
<br /> 1. The Client requests the professional services of Fehr Graham hereinafter called"The Consultant"as described herein.
<br /> 2. The Consultant agrees to furnish and perform the professional service described in this Agreement in accordance with accepted
<br /> professional standards. Consultant agrees to provide said services in a timely manner, provided, however, that Consultant shall not
<br /> be responsible for delays in completing said services that cannot reasonably be foreseen on date hereof or for delays which are caused
<br /> by factors beyond his control or delays resulting from the actions or inaction of any governmental agency. Consultant makes no
<br /> warranty,expressed or implied,as to his findings, recommendations,plans and specifications or professional advice except that they
<br /> were made or prepared in accordance with the generally accepted engineering practices.
<br /> 3. It is agreed that the professional services described in the Agreement shall be performed for Client's account and that Client will be
<br /> billed monthly for said services.A 1'/z%per month service charge will be incurred by Client for any payment due herein and not paid
<br /> within 30 days of such billing which is equal to an ANNUAL PERCENTAGE RATE OF 18%. Partial payments will be first credited to the
<br /> accrued service charges and then to the principal.
<br /> 4. The Client and the Consultant each binds himself,his partners,successors,executors,and assigns to the other party to this agreement
<br /> and to the partners,successor,executors,and assigns of such other party in respect to this agreement.
<br /> 5. The Client shall be responsible for payment of all costs and expenses incurred by the Consultant for his account, including any such
<br /> monies that the Consultant may advance for Client's account for purposes consistent with this Agreement.
<br /> 6. The Consultant reserves the right to withdraw this Agreement if not accepted within 30 days.
<br /> 7. A claim for lien will be filed within 75 days of the date of an invoice for services(last day of services rendered)unless the account is
<br /> paid in full or other prior arrangements have been made.All attorney fees incurred by the Consultant due to the filing of said lien or
<br /> the foreclosure thereof shall be borne by the Client.
<br /> In the event suit must be filed by Consultant for the collection of fees for services rendered,Client will pay all reasonable attorney's
<br /> fees and court costs.
<br /> If Client defaults in payment of fees or costs due under the terms of this Agreement and Consultant incurs legal expenses as a result
<br /> of such failure, Client shall be responsible for payment for Consultant's reasonable attorney fees and costs so incurred.
<br /> 8. The Consultant shall present, for the consideration of the Client, engineering and technical alternatives, based upon its knowledge
<br /> and experience in accordance with accepted professional standards,with selection of alternatives and final decisions as requested by
<br /> the client to be the sole responsibility of the Client.
<br /> 9. Construction Phase Activities (When applicable) - In connection with observations of the work of the Contractor(s) while it is in
<br /> progress the Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant
<br /> deems necessary in Agreement to observe as an experienced and qualified design professional the progress and quality of the various
<br /> aspects of the Contractor(s)'s work. Based on information obtained during such visits and on such observation, the Consultant shall
<br /> endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and the Consultant shall
<br /> keep the Client informed of the progress of the work.
<br /> The purpose of the Consultant's visits to the site will be to enable the Consultant to better carry out the duties and responsibilities
<br /> assigned to and undertaken by the Consultant during the Construction Phase,and,in addition,by exercise of the Consultant's efforts
<br /> as an experienced and qualified design professional,to provide for the Client a greater degree of confidence that the completed work
<br /> of the Contractor(s)will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the
<br /> Contract Documents has been implemented and preserved by the Contractor(s). The Consultant shall not, during such visits or as a
<br /> result of such observations of Contractor(s)'work in progress,supervise,direct or have control over Contractor(s)'work nor shall the
<br /> Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction
<br /> selected by Contractor(s),for safety precautions and programs incident to the work of Contractor(s)or for any failure of Contractor(s)
<br /> to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractors(s) furnishing and performing their
<br /> work.Accordingly,the Consultant can neither guarantee the performance of the construction contracts by Contractor(s)nor assume
<br /> responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents.
<br /> 10. Estimates of Fees-When fees are on a time and material basis the estimated costs required to complete the services to be performed
<br /> are made on the basis of the Consultant's experience,qualifications,and professional judgment,but are not guaranteed. If the costs
<br /> appear likely to exceed the estimate in excess of 20%, the Consultant will notify the Client before proceeding. If the Client does not
<br /> object to the additional costs within seven(7)days of notification, the increased costs shall be deemed approved by the Client.
<br /> 11. The Consultant is responsible for the safety on site of his own employees.This provision shall not be construed to relieve the Client
<br /> or the Contractor(s)from their responsibility for maintaining a safe work site.Neither the professional services of the Consultant, nor
<br /> the presence of his employees or subcontractors shall be construed to imply that the Consultant has any responsibility for any activities
<br /> on site performed by personnel other than the Consultant's employees or subcontractors.
<br /> 12. Original survey data, field notes, maps, computations, studies, reports, drawings, specifications and other documents generated by
<br /> the Consultant are instruments of service and shall remain the property of the Consultant.The Consultant shall provide copies to the
<br /> Client of all documents specified in the Description of Services.
<br /> Version 1.0 September 2015 Page 1 of 2
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