R2008-231 AUTHORIZING AGREEMENT SANITARY DISTRICT OF DECATUR

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THE DISTRiCT AGRF,rS; ]. Payment for all services rendered under the tenns of this AGF2�EMENT shall be based on time � spent on each of the individual tasks in accordance with the attached Schedule of Charbes. The total of engineering invoicing for design c�f the K-Mari Pumping Station Design shall not exceed $25,OU0.00 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 ENGINE�R to the date of the statement and shall be supplemented or accompanied by such supporiing data as ma}� be required by DISTRICT. 3. The DISTRI�'T agrees, to the fullest extent permitted by law, to indemnify and hold harmless the �NGINEER, its officers, directors, employees and subconsultants (collectivel}�, ENGINEER) against all damages, liabilities or costs, II1CIUdlllb I'e3SOtlflhle c1110C11EyS feeS �llld defense costs, to the eatent caused by the DISTRICT's negligent acts in COillleCtlOil with the Project 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 PROJ�CT caused by circumstances beyond the ENGINEER's control. Y 2. The DISTRICT may at any time, by written order, make changes within the general scope of this AGR�EMErTT in the sen�ices or work to be performed. If such changes cause an increase or decrease in tl�e ENGINEER's cost or time required to pe►•form any services under this AGREEMENT, an equitable adjustment shall be made and this AGR�EMENT shall be modified in writing. The ENGINEER must assert any claim for adjustment under this clause in writing within 30 days from the date of receipt of the ENGINEER of the notification of change unless the DISTRICT �rants additional time before the date of final payment. No services for which an additional compensation will be char�ed by the ENGINEER shall be furnished without the written authorization of the DISTRICT. 3. Services resulting from si�nificant changes in genera] scope of the PROJECT including, but not limited to, changes in size, complexiry, 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 ENGINE�R's control, shall be considered as a Change in Scope. 4. Services performed durinc the performance of the AGR�EMENT made necessa�y 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 roceedin�=s involvin the PROJECT other than a dis ute between the DISTRICT and ENGINEER. b. Ser��ices performed to accomplish property surveys, preparation of lecal description plats - _ and documents foi• the acquisition of land, easements and/or ri�ht-of-way, and assistance to the DISTRICT in acquiring any necessar}� land, easements and ri�ht-of-way. BGM 08-071 ENGAGREE - 3