R2010-05 AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH THE SANITARY DISTRICT OF DECATUR

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Tl1e Coinpreliensive Genera] Liability policy sliall incl�ude blalilcet cont7•actu�l] liability coverage or �� conlractua] liabilit}� elidorsemeiil eovel�inb tl�e liability asstmlcd by tl�c� �NC;INE�R undel� lliis AGItEEM�NT, witl� limits not less than those specified llerein. Certi�cates �fui•nislled hereunder shall reflect such coe�erage. Insurance shall be written by a company or companies satisfaciory io the DIS�'RICT. Before commcncing any work hereunder, a�cerCiiicate evidencing that n�aintenaz�ce of � said iusurance shall be f��nushed to the DIS�'P.1CT. Policies for Items b &c above must name the DISTIZICT and City of Decatur as an additional insured durulg the life of this AGREEMEN'�'. 4. Standard of Care That they have the slcills and expertise, and the necessary trained personnel available for- the performance of the duties for which it is hired, and it agrees that i�1 the eveni of a dispute with the DISTRICT, the ENGINEER'S perfornlance of all duties under the Agreement shall be judged by a standard of care and slcill ordinarily exercised by members of the same profession currently practicing under similar circumstances. TI�E DIS�'RICT AGRE�S, 1. Payment for all services rendered under the terrns of this AGREEIVIENT shall be based on time speni on each of the individtial tasks in accordance with the attached Schedule of Charges. The total of engineerinb invoicing shall not exceed $10,O00:00 without wntten authorization. 2. The ENGINEER may submit monthly oi- periodic statements requesting payment. Such statements shall be based upon the amount and value of the services provided and expenses incurred by EN+"vINE�R to tl�e date of the statement and shall be supplemented or accompanied by such supporting d�ta as may be required by DIS'�'RICT. 3. The DIS'I'RICT agrees, to the fullest exteni permitted b}� law, to inderruiify and hold harmless the �NGIN�ER, its officers, directors, employees and subconsultants (collectivel��, �NGIIV�ER) againsi all damages, liabilities or costs, including i-easonable attorneys' fees and de�ense costs, to the extent caused by the DIS'�'RICT's nebli�eni acts in conriection with the Project and the acts of its coniractors, subcont�-actors oi- consultants or aiiyone foi�u�hom the DIS'I'RICT is ]egall�� liable. IT�S MIITUALLY AGR�ED, 1. The ENGINE�F. shall not be responsible fo1 ar.y time delays in the i>��T�CT' caused by circumstances beyond the�NGINEER's control. BGM 08-071 C Page 3.