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<br /> O TERMS & CONDITIONS
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<br /> To assure an understanding of matters related to our mutual responsibilities these terms and conditions for professional engineering services are part
<br /> of this agreement for our services. For the purpose of this agreement,the terms"Owner"and"ClienP'are considered to be interchangeable.
<br /> AMENDMENTS
<br /> This agreement may be amended in writing providing both the Owner and Engineer agree to such modifications.
<br /> COMPENSATION FOR ENGINEERING SERVICES
<br /> The basis for compensation will be as identified in the agreement.
<br /> When"Lump Sum"payment is u[ilized it shall include all labor and expenses(for the scope of work as defined in the agreement)incurred by the Engineer and shall not
<br /> exceed the fixed payment amount without prior authorization of the Owner.
<br /> When a"Payroll CosY'payment is utilized it shall be computed by multiplier factor times payroll costs with reimbursable expenses reimbursed at cost without
<br /> multiplier,except for ouuide subconsultants.
<br /> Tbe"Payroll Costs"means the salaries and wages paid to all Engineer's,and any temporary employment service,personnel engaged direcdy on the services plus the
<br /> cost of customary and statutory benefits applicable thereto including social security contributions,unemployment,sick leave,vacation,health,and outside consul[ants.
<br /> "Reimbursable Expenses"means the actual expenses incurred directly,indirectly,or imputed in connection with the services including but not limited to the following:
<br /> Transportation and subsistence,toll telephone calls,facsimile transmissions,reproductions or printing,engineering and drafring computer time,and outside consultants.
<br /> The"Multiplier"is a factor for general direct overhead,indirect costs,profit,and other costs. The Multiplier factor shall be identified in the agreement.
<br /> TIME OF PAYMENT
<br /> The Engineer may submit monthly statements for services and expenses based upon the proportion of the actuai services completed at the time of billing. Unless
<br /> provided for otherwise,payments for engineering services will be due and payable thirty(30)calendar days from the issuance of the Engineer's statement. The Client
<br /> shall be responsible for all collection expenses including attorney's fees and court costs for overdue accounts.
<br /> LATE PAYMENT
<br /> If the Owner fails to mal:e any payment due Ihe Engineer for services and expenses within Ihe time period specified,a service charge of I 'h%per month will be added
<br /> to the Owner's account. This is an annual rate of 18%.
<br /> LIMITATION OF LIABILITY
<br /> The Owner agrees to limit the Engineer's liability to the Owner and to all construction contractors and subcontractors for costs and damages to them,due to the
<br /> Engineer's negligent acts,errors or omission,including but not limited[o breach of contract, breech of warranty,or strict liability such tha[the total aggregate liability
<br /> of the Engineer[o all those named shall not exceed[he Engineer's total fee received for services rendered under this Agreement or$50,000.00 whichevet is lesser.
<br /> AUTHORITY AND RESPONSIBILITY
<br /> The Engineer shall not guarantee the work of any contractor or subcontractor shall have no authority to stop work,shall have no supervision or control as to the work or
<br /> persons doing the work. Shall not have charge of the work,shall not be responsible for safety in,on,or about[he job site or have any control of the safety or adequacy
<br /> of any equipment,building component,scaffolding supports,forms or other work aids,and shall have no duties or responsibilities imposed by the Structurai Work Act
<br /> or other safety regulation or law.
<br /> TERMINATION
<br /> The obliga[ion to provide further services under this Agreement may be terminated by either party upon seven days'written notice in the event of substantial failure by
<br /> the other party to perform in accordance with the terms,hereof through no fault or the[erminating party. In the event of any termination,Engineer will be paid for all
<br /> services rendered to the date of termination,including unbilled services at a multiplier of 2.5[ime payroll cost plus reimbursable expenses unless otherwise previously
<br /> provided for and termination expenses.
<br /> REUSE OF DOCUMENTS
<br /> All documents induding drawings and specification prepared or furnished by Engineer(and Engineer's independent professional associates and consultan[s)pursuant to
<br /> this Agreement are instruments of service in respec[of the Project and Engineer shall retain an ownership and property interest therein whether or not the Project is
<br /> completed. Owner may make and retain copies for information and reference in connection with the use and occupancy of the Projec[by Owner and others;however,
<br /> such documents are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without
<br /> written verification or adaptation by Engineer for the specitic purpose intended will be at Owner's sole risk and witho�t liability or legal exposure to Engineer or to
<br /> EngineePs independent professional associates or consultants and Owner shall indemnify and hold harmless Engineer and Engineer's independent professional
<br /> associates or consultan[s from all claims,damages,losses and expenses including attomey's fees arising out of or resulting therefrom. Any such verification or
<br /> adaptation will entitle Engineer to further compensation at rates to be agreed upon by Owner and Engineer.
<br /> OPINIONS OF COST
<br /> Since Engineer has no control over the cos[of labor,materials,equipmen[or services fumished by others,or over the contractor(s)'methods of determining prices,or
<br /> over competitive bidding or market condi[ions,Engineer's opinions of probable total Project costs and construction cost are to be made on the basis of Engineer's
<br /> experience and qualifications and represen[Engineer's best judgment as an experienced and qualified professional engineer,familiar with the construction industry;but
<br /> Engineer cannot and does not guarantee that proposals,bids or actual total Project or construction costs will not vary from opinions of probable cost prepared by
<br /> Engineec If prior to the bidding or negotiations phase Owner wishes greater assurance as to total Project or construction cost,Owner shail employ an indepe�dent cost
<br /> estimator.Engineer's services to modify the contract documents to bring the construction costs within any limitation established by Owner will be considered additional
<br /> services and paid for as such by Owner.
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