R2008-231 AUTHORIZING AGREEMENT SANITARY DISTRICT OF DECATUR

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.. EXHIBIT B THE DISTRICT AGREES 1. Payment for all services rendered under the terms of this AGREEMENT shall be based on time spent on each of the individual tasks in accordance with the attached Schedule of Charges. 'The total of engineering invoicing for design of the K-Mart Pumping Station Design shall not exceed $25,000.00 without written authorization. 2. The ENGINEER may submit monthly or periodic statements requesting payment. Such statements shall be based upon the amount and value of the services provided and expenses incurred by ENGINEER to the date of the statement and shall be supplemented or accompanied by such supporting data as may be required by DISTRICT. 3. The DISTRICT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the ENGINEER, its officers, directors, employees and subconsultants (collectively, ENGINEER) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs, to the extent caused by the DISTRICT's negligent acts in connection with the Pmject and the acts of its contractors, subcontractors or consultants or anyone for whom the DISTRICT is legally liable. IT IS MUTUALLY AGREED 1. The ENGINEER shall not be responsible for any time delays in the PROJECT caused by circumstances beyond the ENGINEER's control. 2. The DISTRICT may at any time,by written order,make changes within the general scope of this AGREEMENT in the services or work to be performed. If such changes cause an increase or decrease in the ENGINEER's cost or time required to perform any services under this AGREEMENT, an equitable adjustment shall be made and this AGREEMENT shall be modified in writing. The ENGINEER must assert any claim for adjustrnent under this clause in writing within 30 days from the date of receipt of the ENGINEER of the notification of change unless the DISTRICT grants additional time before the date of final payment. No services for which an additional compensation will be charged by the ENGINEER shall be furnished without the written authorization of the DISTRICT. 3. Services resulting from significant changes in general scope of the PROJECT including,but not limited to, changes in size, complexity, DISTRICT's schedule, or character of construction; and revising previously accepted studies,reports,design documents or contract documents when such revisions are due to causes beyond ENGINEER's contml, shall be considered as a Change in Scope. 4. Services performed during the performance of the AGREEMENT made necessary by the following circumstances or events shall be considered as Additional Services: a. Services performed as a result of litigation, arbitration, public hearings or other legal or administrative proceedings involving the PROJECT other than a dispute between the DISTRICT and ENGINEER. b. Services performed to accomplish property surveys,preparation of legal description plats and documents for the acquisition of land,easements and/or right-of-way, and assistance to the DISTRICT in acquiring any necessary land,easements and right-of-way. BGM 08-071 ENGAGREE- 3